Judge Andrews grants summary judgment of non-infringement after requesting supplemental claim construction briefing

In a recent memorandum order, Judge Richard G. Andrews granted a motion for summary judgment after requesting at oral argument supplemental briefing on the proper construction of one claim limitation.  MiiCs & Partners, Inc. v. Funai Electric Co., Ltd., C.A. No. 14-804-RGA (D. Del. Dec. 1, 2017).  Judge Andrews explained that the parties’ briefing made clear that “the issue here boils down to one of claim construction,” and the Court therefore requested supplemental briefing on whether the limitation “said liquid crystal layer being divided into a plurality of regions having different orientation of liquid crystal for one of said pixel electrodes” was drawn to capability/function (which would be required for a finding of infringement), or if instead it was structural.  The Court found that “the disputed limitation is not properly understood as drawn to capability[,]” and summary judgment of non-infringement was therefore warranted.

MiiCs 14-804

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