By Memorandum Order entered by The Honorable Leonard P. Stark in St. Clair Intellectual Property Consultants, Inc. v. Toshiba Corporation, et al., Civil Action No. 09-354-LPS (D.Del., August 27, 2014), the Court denied the Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 5,630,163 of defendants’ Toshiba Corporation, Toshiba America Information Systems, Inc. and Toshiba America, Inc. (collectively, “Toshiba”).

Toshiba moved for summary judgment of non-infringement contending that its “accused products do not infringe the ‘130 patent because they are not sold with pluggable cards inserted into the systems.” Id. at 3. St. Clair countered with the opinion and deposition testimony of its expert who opined, among other things, that (1) it is possible for a system to infringe even if it does not have a card, as long as it is able to receive a card and (2) a person of ordinary skill in the art would understand that the ‘130 patent requires that a computer system have the ability to plug a card, but does not require that the system actually have the card. Id. at 4. The Court concluded that the record created a genuine dispute of material fact as to infringement of the ‘130 patent and, therefore, denied the motion for summary judgment.

A copy of the Memorandum Opinion is attached.