Federal Circuit Upholds Non-Infringement Ruling for Dell, Sony, Toshiba, and Others in Wi-Fi Campaign

January 6, 2017

The Federal Circuit has affirmed a dispositive claim construction ruling in the Wi-Fi campaign waged by NorthPeak Wireless, LLC against ASUS, Dell, Sony, Toshiba, and over 20 other wireless device makers (2016-1477, 2016-1481). In an opinion issued on December 28, the court ruled that District Judge Susan Illston had not erred in construing four key claim terms from the remaining patent-in-campaign (4,977,577) such that NorthPeak “could not prove infringement of the asserted claims” for any of the accused products. That August 2015 order had led the NPE to conditionally dismiss its claims against all defendants, pending the resolution of the appeal just decided.

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