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*COURT DECLINES TO ENGAGE IN CLAIM CONSTRUCTION ON APPEAL OF SUMMARY JUDGMENT
Engenera, Inc. v. Cisco Sys., Inc., 23-1428 — Yesterday in an opinion by Judge STARK, the Federal Circuit affirmed a district court summary judgment of noninfringement of Egenera’s patent for a digital server configuration platform. Egenera argued the evidence was sufficient to create a genuine dispute of material fact as to whether Cisco’s Unified Computing System (UCS) emulated Ethernet functionality, as claimed by Egenera’s platform.
The Federal Circuit disagreed. Under the standard for summary judgment, the court found “little doubt that the district court should be affirmed” because there was no evidence Cisco’s UCS had more than mere use of Ethernet functionality and Egenera had failed to cite to any evidence to the contrary. Moreover, it had become apparent on appeal that the dispute was not over the sufficiency of the evidence, but the proper construction of the term “emulate” and whether it encompassed “mere use.” Because neither party had raised the issue of claim construction prior to or on appeal, the court declined to resolve the issue.
(1 to 4 stars rate impact of opinion on patent & trademark law)
ATTEND SESSIONS ON ARTIFICIAL INTELLIGENCE DURING IPO’S 2025 ANNUAL MEETING
Attend sessions on artificial intelligence during IPO’s Annual Meeting. In addition to these sessions, there are several sessions on patents, trademarks, copyrights, trade secrets, industrial designs, IP management and operations, and more! Below is the list of AI sessions. Visit the website to view the full program and to register.
- Copyright Cases and Controversies in the AI Litigation Landscape
- The Intersection of AI and Patents
- Approaches to AI Standardization in the US and Abroad
- Quantum Computing
- Navigating the Complexities of AI Trade Secrets and Litigation
- Bridging the Digital Divide: Navigating Through the EU Data Act, US Regulations and Executive Orders, and International Legislation
- Trademark Enforcement in the AI Area