Sandisk Corp. v. Kingston Tech. Co., Inc., No. 11-1346 (Fed. Cir. 2012)
Annotate this CaseSanDisk sued Kingston for infringement of four patents relating to aspects of flash memory for USB “thumbdrives,” computers, smart phones, and mp3 players. Flash memory continues to store data after a power source is removed. The district court granted Kingston summary judgment of non-infringement with respect to certain asserted claims. SanDisk dismissed its remaining infringement claims and appealed. The Federal Circuit affirmed in part, vacated in part, and remanded, first holding that it lacked jurisdiction to address certain claim construction arguments. With respect to other claims, the district court erred in its constructions of the “recording a relative time of programming ” limitation in certain claims and the “at least a user data portion and an overhead portion” limitation others. The court affirmed the judgment of no literal infringement of one claim, but vacated the judgment that Kingston did not infringe other claims under the doctrine of equivalents.
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