Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

E.D. Tex.

Mobile Equity Corp. v. Walmart Inc., No. 2:21-cv-00126 (E.D. Tex. Sept. 8, 2022)

See Opinion Disposition stated in the opinion
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:21-cv-00126, Dkt. No. 364
Decided
September 8, 2022
Judge
Roy S. Payne, M.J.
Document
Report and Recommendation
Docket Entry
REPORT AND RECOMMENDATIONS re 196 Opposed SEALED MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT WITH RESPECT TO (1) CLAIMS 6-9, 13, AND 15-19 OF THE '236 PATENT; (2) CLAIMS 2, 4, 5, 7, 9-12, AND 15-30 OF THE '058 PATENT; (3) DOCTRINE OF EQ…
Length
10 pages

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 are two motions: the Motion for Summary Judgment of Non-infringement of Certain Claims, Doctrine of Equivalents, Contributory Infringement, and Induced Infringement field by Defendant Wal mart Inc., Dkt. No. 196, and the Motion for Summary Judgment for No Failure to Mark Under 35 U.S.C. § 287 filed by Plaintiff Mobile Equity Corp. Dkt. No. 200. I. Background On April 7, 2021, Mobile Equity filed its Complaint, in which it alleges that Walmart’s Walmart Pay, the accused product in this case, is “covered by at least claim 1” of U.S. Pat.