Fenner Investments, Ltd. v. Microsoft Corporation

NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-1496
FENNER INVESTMENTS, LTD.,
Plaintiff-Appellant,
v.
MICROSOFT CORPORATION,
Defendant-Appellee,
and
NINTENDO COMPANY, LTD. and NINTENDO OF AMERICA, INC.,
Defendants-Appellees.
Appeal from the United States District Court for the Eastern District of
Texas in case no. 07-CV-00008, Judge Leonard Davis.
Before NEWMAN, RADER, and LINN, Circuit Judges.
PER CURIAM.
O R D E R
The judgment in this case is affirmed. We uphold the district court’s grant of
summary judgment of no infringement based on the court’s determination that there are
no genuine issues of material fact and that no reasonable jury could find that the
accused devices of Microsoft and Nintendo meet the pulse width limitation of the
asserted claims of Fenner’s U.S. Patent No. 6,297,751 literally or under the doctrine of
equivalents. We need not and do not address Microsoft’s alternate ground for

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2009-1496 2
affirmance, nor do we address the question raised by Fenner whether the district court
erred in its construction of the claim term “processor.”
FOR THE COURT
___March 15, 2010___ /s/ Jan Horbaly
Date Jan Horbaly
Clerk
cc: Jonathan S. Franklin, Esq.
Ruffin B. Cordell, Esq.
Jerry A. Riedinger, Esq.

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