Fr. Telecom S.A. v. Marvell Semiconductor Inc.

Fr. Telecom S.A. v. Marvell Semiconductor Inc.

Opinion

 [*1083]  ORDER ON MARVELL'S MOTION FOR SUMMARY JUDGMENT

Defendant Marvell Semiconductor, Inc. ("Marvell"), moves for summary judgment that U.S. Patent 5,446,747 ("the '747 Patent") is invalid because Claims 1 and  [**2] 10 are merely mathematical algorithms or abstract ideas, and are not transformative or limited applications of those algorithms or ideas, and therefore fail to claim patent-eligible subject matter under 35 U.S.C. § 101. Marvell also seeks partial summary judgment on the issue of whether it is liable to plaintiff France Telecom S.A. ("France Telecom") for sales of allegedly infringing chips ¹ sold abroad by a non-party affiliate, Marvell Asia Pte. Ltd. ("MAPL"). Because Claims 1 and 10 recite an application of an abstract idea, rather than an abstract idea alone, Marvell's motion for summary judgment to invalidate the claims is DENIED. Because France Telecom cannot seek damages based on a third party's infringement outside the United States, Marvell's motion for partial summary judgment concerning its liability for the accused chips is GRANTED.

BACKGROUND

I. THE '747 PATENT

The '747 Patent "involves methods commonly referred to as 'turbo coding' for correcting errors in telecommunication and other data transmissions."  [**3] France Telecom, S.A. v. Marvell Semiconductor, Inc., No. 12-cv-4967, 2014 U.S. Dist. LEXIS 33608, 2014 WL 1007449, at *1 (N.D. Cal. Mar. 12, 2014). The technology claimed allows for more accurate and efficient data transmission and cellular communication. See 2014 U.S. Dist. LEXIS 33608, [WL] at *3. The patent expired on August 29, 2012. See Rycroft Decl. (Dkt. No. 137) Ex. 1; 35 U.S.C. § 154(a)(2).

Claim 1 of the patent recites the following:

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