Deep Nines, Inc. v. McAfee Inc et al, No. 9:09-cv-00089 (E.D. Tex. Aug. 4, 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.

FINDING CLAIM 7 INVALID AS INDEFINITE Plaintiff Deep Ni nes, I nc. filed suit ag ainst Defe ndants McAf ee, I nc. and Sec ure Computing Corporation, claiming infringement of U.S. Patent No. 7,058,976 (“the ‘976 patent”). The court conducted a Markman hearing to assist in interpreting the meaning of the disputed claim terms. Having carefully considered the patent, the prosecution history, the parties’ briefs, and the1 arguments of counsel, the court concludes that claim 7 impermissibly includes a method step in an apparatus claim, and is indefinite. I.