Smart Path Connections, LLC v. Nokia of America Corp., No. 2:22-cv-00296-JRG-RSP (E.D. Tex. Feb. 2, 2024)

Editorial Summary

AI-assisted editorial summary; not attorney-reviewed. Verify against the opinion itself before relying on any characterization of the holding.

Smart Path moved for summary judgment on Nokia's defense of lack of marking under 35 U.S.C. § 287(a), which would limit pre-notice damages on four asserted patents formerly owned by Orckit-Corrigent. Nokia contended that Orckit's CM-100 and CM-4000 products practiced the asserted patents and were sold unmarked — the CM-4000 sold from 2007 with no marking until 2010, and the CM-100 never marked. Judge Payne concluded Nokia had carried its initial identification burden and that fact disputes remained, and recommended that Smart Path's motion be denied.