August 8, 2012 – Magistrate Judge John Love recommended denying defendants’ (collectively comprising Apple, AT&T, LG, T-Mobile, and Sony) motion for summary judgment which claimed that plaintiff Smartphone Technologies’ [NPE] Claim 1 of the patent-in-suit (U.S. Patent No. 7076275) is invalid for indefiniteness.  The defendants argued that the claim “lacks clarity due to the inability to discern which background task recited in the claim corresponds to the various disclosures of ‘said background task’.”   The Court disagreed, citing the prosecution history of the patent and the specification and concluding that, “From the context of the intrinsic evidence, one of ordinary skill would understand that Claim 1 references only one background task.”  SmartPhone Technologies, a subsidiary of Acacia Research, has filed nine patent infringement suits since March 2010 against numerous defendants, including Amazon, Apple, AT&T, HTC, Kyocera, LG, Motorola, Nokia, Pantec, RIM, Samsung, Sanyo, Sony Ericsson, and T-Mobile.  8/2, Eastern District of Texas, assigned to Judge Leonard Davis and referred to Magistrate Judge John D. Love, 6:2010cv00074.