Pact XPP Technologies, AG v. Xilinx, Inc., et al, No. 2:07-cv-00563 (E.D. Tex. Mar. 26, 2012)

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.

Before the Court is PACT’s Motion for Summary Judgment on Defendants’ Affirmative Defense of Failure to Mark (Dkt. No. 172). PACT believes that it is entitled to summary judgment on Defendants’ “affirmative defense of failure to mark” because PACT has never made, offered for sale, or sold within the United States, or imported into the United States, a product covered by the asserted patents, and therefore did not have an obligation to mark its patented products.