Fitzpatrick Obtains Summary Judgment of Non-Infringement for IBM
In a case brought against 17 defendants, including several leaders in the electronics industry, Fitzpatrick successfully obtained summary judgment of non-infringement for its client IBM Corporation. The Court, which liberally cited IBM's motion papers, adopted the claim construction urged by the defendants and found that the accused products did not infringe the asserted patent, either literally or under the doctrine of equivalents. The Court also found that the plaintiff was estopped from asserting infringement under the doctrine of equivalents by statements made in the prosecution history of the patent. Lead counsel for IBM were partners Donald J. Curry and Marc J. Pensabene.
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