Articulate Systems, Inc. v. Apple Computer, Inc.

ORDER ON MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION REGARDING APPLE COMPUTER’S MOTION FOR SUMMARY JUDGMENT ON GROUNDS OF INDEFINITENESS

STEARNS, District Judge.

After review of the objections to the Magistrate Judge’s well-reasoned Report, I ADOPT his Recommendation and therefore DENY Apple’s Motion for Summary Judgment. I agree with the Magistrate Judge that Apple failed to carry its burden of demonstrating that the term “higher level events” is indefinite. This is not to say, however, that Apple’s request for a claim construction hearing lacks merit. The court is inclined to hold one if the…