April 19, 2021
Authored and Edited by Eric Magleby; Christina Ji-Hye Yang; Esther H. Lim; Elizabeth D. Ferrill
In Wi-LAN Inc. v. Sharp Elecs. Corp., Nos. 2020-1041, 2020-1043 (Fed. Cir. Apr. 6, 2021), the Federal Circuit affirmed a district court’s summary judgment of non-infringement.
The technology at issue concerned deinterlacing video for televisions. To ensure high-quality images, defendants’ accused televisions included a “system-on-chip” that allegedly performed infringing deinterlacing functions. Wi-LAN obtained printouts of the source code used by the system-on-chip in both defendants’ products from third-party manufacturers along with declarations by their employees purporting to authenticate the documents. But the district court granted summary judgement of non-infringement because the printouts were inadmissible hearsay and Wi-LAN therefore “lacked sufficient admissible evidence to prove direct infringement.”
The Federal Circuit agreed that the source code printouts are inadmissible. According to the Court, Wi-LAN failed to show that the printouts satisfied the business records exception to the hearsay rule because it failed to establish that the third-party declarants will be available to testify at trial. The Federal Circuit also held that Wi-LAN cannot use its expert as a backdoor to introduce the unauthenticated source code.
The Court also affirmed the district court’s claim construction of two claim limitations.
claim construction, summary judgment, United States Court of Appeals for the Federal Circuit (CAFC)
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