Convolve, Inc. v. Compaq Computer Corp., No. 14-1732 (Fed. Cir. 2016)
Annotate this CaseThe patent focuses on methods and apparatuses for improving computer hard drives by reducing acoustic noise and vibrations. The Federal Circuit previously reversed a summary judgment ruling that no accused products met the patent’s “selected unwanted frequencies” limitation and remanded for further proceedings. On remand, the district court granted summary judgment on alternative grounds. The Federal Circuit then affirmed that Seagate’s accused hard drives do not infringe the asserted claims because they do not meet the user interface limitation of the claims and summary judgment of non-infringement by Compaq’s accused products, which do not meet the “commands” limitation of the claims at issue. The Federal Circuit vacated summary judgment of non-infringement by Compaq’s accused products as to other claims that do meet the “commands” limitation. The court held that the addition of the term “seek” in reexamination did not alter the scope of the claims, and reversed summary judgment of non-infringement based on the lower court’s determination that liability was precluded by intervening rights.
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