YYZ, LLC v. Hewlett-Packard Co.

137 F. Supp. 3d 675
CourtDistrict Court, D. Delaware
DecidedOctober 8, 2015
DocketCiv. No. 13-136-SLR, Civ. No. 13-579-SLR, Civ. No. 13-581-SLR
StatusPublished

This text of 137 F. Supp. 3d 675 (YYZ, LLC v. Hewlett-Packard Co.) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
YYZ, LLC v. Hewlett-Packard Co., 137 F. Supp. 3d 675 (D. Del. 2015).

Opinion

MEMORANDUM OPINION

ROBINSON, District Judge

I. INTRODUCTION

On January 24, 2013, plaintiff YYZ, LLC (“plaintiff’) filed a patent infringement action against defendant Hewlett-Packard Company1 (“HP”) and against defendants Adobe Systems, Inc.2 (“Adobe”) and Pega-systems Inc.3 (“Pegasystems”) (collectively with HP, “defendants”) on April 11, 2013, alleging infringement of U.S. Patent Nos. 7,062,749 (“the '749 patent”) and 7,603,674 (“the '674 patent”). (D.I. l)4 The court issued its claim construction order oh December 12, 2014. (D.I. 112) Presently before the court aré deféndants’ motions for summary judgment of invalidity and plaintiffs cross-motions for summary judgment of validity (D.I. 115; D.L 121),5 as well as defendants’ motions to strike the expert declaration (D.1.129).6 The court has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).

II. BACKGROUND

Plaintiff is a limited liability company organized and existing und.er the laws of the Commonwealth of Pennsylvania, having its principal place of business in Glen Mills, Pennsylvania. HP is a corporation organized and existing under the laws of Delaware, with its principal place of business in Palo Alto, California. Adobe is a corporation organized and existing under the .laws of Delaware, with its principal place , of business in San, Jose, California. Pegasystems is a Massachusetts corporation with its principal place of business in Cambridge, Massachusetts.

The '749 patent, titled ' “Measuring, Monitoring and Tracking Enterprise Communications and Processes” was filed on December 15, 2000 and was issued June 13, 2006. The '674 patent, titled “Apparatus and System for Measuring, Monitoring, Tracking and Simulating Enterprise [678]*678Communications and Processes” was filed on April 5, 2006, as a continuation of, the '749 patent .and was issued on October 13, 2009. Plaintiff asserts claims 22, 23, 27, 28, and 29 of the '749 patent and claims 5Í, 52, 55, 56, and 5.7 of the '674 patent against HP; claim 55 of the '749 patent and claim? 1, 2, 3, 6, 7, 38,' 41, 46, and 47 of the '674 patent against Adobe; and claims 1, 2, 3, 4, 5, and 56 of the '749 patent and claims 70, 71, 75, and 76 of the '674 patent against Pegasystems (collectively the “asserted claims”). (D.1.116 at 1)

III. STANDARD OF REVIEW

“The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled- to judgment as a matter of law.” Fed. R. Civ. P. 56(a). The moving party bears the burden of demonstrating the absence of a genuine issue of material fact. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 n. 10, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). A party asserting that a fact cannot be—or, alternatively,' is—genuinely disputed must be supported either by citing to “particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits'or declarations, stipulations (including' those made for the purposes of the motions only), admissions, interrogatory answers, or other materials,” or by “showing that the materials cited do not establish the absence or presence pf a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.” Fed. R. Civ. P. 56(c)(1)(A) & (B). If the moving party has carried its burden, the nónmovant must then “come forward with specific facts showing that there is a genuine issue for trial.” Matsushita, 475 U.S. at 587, 106 S.Ct. 1348 (internal quotation marks omitted). The Court will “draw all reasonable inferences in favor of the non-moving party, and it may not make credibility determinations or weigh the evidence.” Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000).

To defeat a motion for summary judgment, the non-moving party must “do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita, 475 U.S. at 586-87, 106 S.Ct. 1348; see, also Podobnik v. U.S. Postal Service, 409 F.3d 584, 594 (3d Cir.2005) (stating party opposing summary judgment “must present more than just bare assertions, conclusory allegations or suspicions to show the existence of a genuine issue”) (internal quotation marks omitted). Although the “mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment,” a factual dispute is genuine where “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). “If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted.” Id. at 249-50, 106 S.Ct. 2505 (internal citations omitted); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (stating entry of summary judgment is mandated “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial”).

IV. DISCUSSION

A. 35 U.5.C. § 101

Section 101 provides that patentable subject matter extends to four broad categories, including: “new and useful processes], machine[s], manufacture, or composition[s] of matter.” 35 U.S.C. § 101; see also Bilski v. Kappos, 561 U.S. 593, 601, [679]*679130 S.Ct. 3218, 177 L.Ed.2d 792 (2010) (“Bilski II’); Diamond v. Chakrabarty, 447 U.S. 303, 308, 100 S.Ct. 2204, 65 L.Ed.2d 144 (1980). A “process” is statutorily defined as a “process, art or method, and includes a new use of a known process, machine manufacture, composition of matter, or material.” 35 U.S.C. § 100(b). The Supreme Court has explained:

A process is a mode of treatment of certain materials to produce a given result. It is an act, or a series of acts, performed upon' the subject-matter to be transformed and reduced to a different state or thing.

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Bluebook (online)
137 F. Supp. 3d 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yyz-llc-v-hewlett-packard-co-ded-2015.