EDTX Summary Judgment Win for JC Penney

Fisch Sigler LLPWins

RESULTS: EDTX Summary Judgment Win for J.C. Penney

On June 24, 2014, we won summary judgment of non-infringement by equivalents for J.C. Penney. The Honorable Michael H. Schneider issued his ruling two weeks before the final pretrial conference. In granting our motion, Judge Schneider also ordered the plaintiff EMG Technology to provide notice as to why its remaining claims were not frivolous in light of the decision. One week later, Judge Schneider dismissed all of EMG’s remaining claims with prejudice.

Over the last 13 years in the Eastern District of Texas, summary judgment of non-infringement has been granted in less than 1% of all patent cases. Our win for J.C. Penney is part of that 1%. As a result of the granting of summary judgment of non-infringement, J.C. Penney stopped the challenge of a plaintiff that previously licensed its patent to over 60 companies, including Apple and Microsoft.

In our summary judgment motion, we identified to the court that EMG narrowed its claims during prosecution, thereby surrendering any claim of infringement under the doctrine of equivalents. The court agreed. The ruling crippled EMG’s infringement case, as EMG could no longer argue that the accused website — which uses an HTML5 format — is equivalent to the claimed website — which uses an XML format.

Read about the case in Law360