RESULTS: EDTX Summary Judgment Win for J.C. Penney
Over the last 13 years in the Eastern District of Texas, summary judgment of non-infringement has been granted in less than 1% of all patent cases. Our win for J.C. Penney is part of that 1%. As a result of the granting of summary judgment of non-infringement, J.C. Penney stopped the challenge of a plaintiff that previously licensed its patent to over 60 companies, including Apple and Microsoft.
In our summary judgment motion, we identified to the court that EMG narrowed its claims during prosecution, thereby surrendering any claim of infringement under the doctrine of equivalents. The court agreed. The ruling crippled EMG’s infringement case, as EMG could no longer argue that the accused website — which uses an HTML5 format — is equivalent to the claimed website — which uses an XML format.