Function Media, L.L.C. v. Google, Inc. et al, No. 2:07-cv-00279 (E.D. Tex. Jan. 15, 2010)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

I. Introduction Before the court is the plai ntiff Function Media, L.L.C.’s (“FM”) motion for summary judgment of no inequitable conduct and declaration that this case is exceptional (Dkt. No. 195). FM contends that Google not only has not provided cl ear and convincing evidence that the patentees made a material misstatement with intent to deceive the PTO, but Google’s inequitable conduct defense is baseless. Also, FM alleges that Google seriously mischaracterizes the evidence.