Tip Systems, LLC v. Phillips & Brooks/Gladwin, Inc.

The Federal Circuit affirmed the U.S. District Court for the Southern District of Texas in a patent infringement case pertaining to wall-mounted telephones designed for use by prison inmates. The plaintiff appealed the district court's claim construction order and its grant of a motion for summary judgment of noninfringement. The appeals court found no error in either the district court's claim construction or its holding that the accused devices did not infringe literally or under the doctrine of equivalents.

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Published opinion

Before MICHEL, Chief Judge, PROST, Circuit Judge, and POGUE, Judge.*fn1

This is a patent infringement case pertaining to wall-mounted telephones designed for use by prison inmates. TIP Systems, LLC (“TIP”) filed suit in the United States District Court for the Southern District of Texas against: Phillips & Brooks/Gladwin, Inc., Acoustics Development Corporation, and PBG, Inc.; Independent Technologies, Inc. (“Independent Technologies”); TZ Holdings, Inc., T-Netix Telecommunications Services, Inc., T-Netix, Inc., Evercom Holdings, Inc., Evercom Systems, Inc., and Evercom, Inc. (collectively “Evercom”); JCW Electronics, Inc.; and Myrmidon Corporation for infringement of two patents. TIP appeals the district court’s claim construction order, TIP Systems, LLC v. Phillips & Brooks/Gladwin, Inc., No. 04-CV-3718 (S.D. Tex. Feb. 22, 2006) (“Claim Constr. Order”), and the district court’s grant of Independent Technologies’ and Evercom’s motion for summary judgment of non-infringement. TIP Systems, LLC v. Phillips & Brooks/Gladwin, Inc., No. 04-CV-3718 (S.D. Tex. Mar. 1, 2007) (granting Independent Technologies’ Mot. for Summ. J.) (“Indep. Techs.’ Summ. J. Order”); TIP Systems, LLC v. Phillips & Brooks/Gladwin, Inc., No. 04-CV-3718 (S.D. Tex. Mar. 1, 2007) (granting Evercom’s Mot. for Summ. J.) (“Evercom’s Summ. J. Order”). Because we find no error in the district court’s claim construction and its holding that the accused devices do not infringe literally or under the doctrine of equivalents, we affirm.

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