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Gart v. Logitech, Inc.

Grant of summary judgment in favor of defendant on the issue of infringement vacated because court erred in its claim construction and, in light of the revised construction, there may be questions of fact to be resolved; grant of summary judgment in favor of defendant as to the limitation of damages regarding certain of plaintiff's products reversed because court erred in its determination of when plaintiff complied with the statutory notice of infringement requirement.

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Appealed from: United States District Court for the Central District of California Judge Consuelo B. Marshall

On cross motions for summary judgment, the United States District Court for the Central District of California (the “district court”) determined that Logitech, Inc. (“Logitech”) does not infringe claim 7 of Samuel Gart’s (“Gart”) U.S. Patent No. 4,862,165 (the “’165 patent”) either literally or under the doctrine of equivalents. Gart v. Logitech, Inc., No. CV 98-5957 CBM (C.D. Cal. Aug. 16, 1999) (“Gart I”) (claim construction and literal infringement analysis); Gart v. Logitech, Inc., No. CV 98-5957 CBM (C.D. Cal. Oct. 23, 1999) (“Gart II”) (infringement under the doctrine of equivalents analysis). The district court also determined on a motion for summary judgment that Gart’s accrual of damages under 35 U.S.C. � 287(a), if any, for Logitech’s TRACKMAN VISTA, TRACKMAN MARBLE, TRACKMAN MARBLE +, and TRACKMAN MARBLE FX products begins from January 30, 1997, and for Logitech’s MOUSEMAN, and MOUSEMAN + products begins from July 23, 1998. Gart v. Logitech, Inc., No. CV 98-5957 CBM (C.D. Cal. Aug. 18, 1999) (“Gart III”). Gart appeals these decisions.

We conclude that the district court erred in construing the “angular medial surface” of claim 7 to include a “ledge.” Moreover, we cannot determine with certainty based on the factual record before us whether there are any genuine issues of material fact regarding infringement, either literally or under the doctrine of equivalents, by the accused products in light of our revised claim construction. Accordingly, we vacate the court’s grant of summary judgment of no infringement, either literally or under the doctrine of equivalents, and remand for further proceedings.

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