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Fujifilm Corp. v. Motorola Mobility LLC

United States District Court for the Northern District of California

March 19, 2015, Decided; March 19, 2015, Filed

Case No. 12-cv-03587-WHO

Opinion

ORDER REGARDING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT; DEFENDANT'S MOTION TO STRIKE

Re: Dkt. Nos. 190, 195

INTRODUCTION

This is a patent infringement action. Plaintiff Fujifilm Corporation ("Fujifilm") accuses defendant Motorola Mobility LLC ("Motorola") of infringing claims 1, 2, 7, and 11 of U.S. Patent No. 6,144,763 (the '763 patent); claim 1 of U.S. Patent No. 8,306,285 (the '285 patent); claim 11 of U.S. Patent No. 7,327,886 (the '886 patent); and claims 1, 13, and 35 of U.S. Patent No. 6,915,119 (the '119 patent). Each of the asserted patents concerns technology used in digital cameras and cellular telephones. Trial is set for April 20, 2015.

This order addresses two motions: Fujifilm's motion for partial summary judgment on the date of the hypothetical negotiation to be used for determining reasonably royalty damages, and Motorola's motion to strike portions of Fujifilm's expert's testimony on infringement and validity of the '119 patent. While I agree with Fujifilm's argument that the hypothetical negotiation date must be based on the date when infringement by the accused products began, there is a genuine dispute of material fact over when that occurred. Fujifilm's motion for partial summary judgment is DENIED. Motorola's [*4]  most recent attempt to resolve factual disputes over the plain and ordinary meaning of claim terms before trial, through its motion to strike, is DENIED. Its other requests to strike are GRANTED IN PART and DENIED IN PART.

BACKGROUND

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2015 U.S. Dist. LEXIS 35235 *; 2015 WL 1265009

FUJIFILM CORPORATION, Plaintiff, v. MOTOROLA MOBILITY LLC, Defendant.

Prior History: Fujifilm Corp. v. Motorola Mobility LLC, 2013 U.S. Dist. LEXIS 165165 (N.D. Cal., Nov. 18, 2013)

CORE TERMS

infringement, menu, negotiation, hypothetical, buffer, comprising, patent, telephone, rebuttal, royalty, Reply, partial, collaboration, display, invention, mail, quotation, genuine, manuals, user, incorrect, nonmoving, digital, invalidity, phone, transmission, convincing, camera, mobile, struck