Gemalto S.A. v. HTC Corp., No. 13-1397 (Fed. Cir. 2014)Annotate this Case
The 317, 485, and 727 patents (owned by Gemalto) derive priority from the same provisional patent application and share the same named inventors, specification, and title: “Using a High Level Programming Language with a Microcontroller.” The patented technology is designed to allow resource-constrained devices, including microcontrollers, to run software applications (or programs) written in high level programming languages, such as Java. According to Gemalto, its invention enabled resource-constrained devices to run applications written in high level programming languages (such as Java) by minimizing the computing resources that applications consumed during storage and execution. Gemalto sued for infringement, alleging that the defendants’ smartphones infringe when they run the Android operating system and Java applications (converted using the Android software development kit). The defendants contended that the accused smartphones do not infringe because they are not resource-constrained devices, but rely on off-chip memory to run Java applications, similar to prior art personal computers. The district court construed the asserted claims and granted summary judgment of non-infringement, concluding that the accused products did not infringe literally or under the doctrine of equivalents. The Federal Circuit affirmed.