Nearby Systems LLC v. Rent-A-Center, Inc., No. 2:22-cv-00224 (E.D. Tex. May 2, 2023)

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 defendant Rent-A-Center, Inc. (“RAC”) moves for summary judgment of noninfringement. Dkt. No. 37. The motion is fully briefed. See Dkt. Nos. 41 (response), 44 (reply), & 47 (sur-reply). For the reasons set forth below, the motion should be denied. In sum, RAC argues (1) for a plain and ordinary meaning of the claims, Dkt. No. 37 pp 4- 7, 10, 14-26, and (2) that narrowing amendments during prosecution preclude the application of the doctrine of equivalents, Id. at 5, 7, 11, 26- 29.