TM Patents, LLP v. International Business MacHines Corp.

DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S IN LIMINE MOTION FOR SUMMARY JUDGMENT OF NONINFRIGNEMENT OF U.S. PATENT NO. 4,899,342 1

McMAHON, District Judge.

On November 29, 2000, the United States Court of Appeals for the Federal Circuit handed down an opinion that, in the view of defendant IBM Corporation, disposes of the last remaining issues in this complicated software patent case. In Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., 234 F.3d 558, 56 USPQ2d 1865 (Fed.Cir.2000), the court most responsible for patent jurisprudence in this country — and one…