Nazomi Commc'ns., Inc. v. Nokia Corp.
Revisiting the wording of claims that recite a combination of
hardware and software, the U.S. Court of Appeals for the Federal
Circuit upheld a holding of non-infringement. Nazomi
Commc'ns., Inc. v. Nokia Corp., Case No. 13-1165 (Fed.
Cir., Jan. 10, 2014) (Dyk, J.) (Lourie, J., concurring).
Plaintiff patentee appealed from claim construction decision and
grant of summary judgment of non-infringement. The asserted
claims are apparatus claims directed to "a hardware-based
[Java Virtual Machine] capable of processing stack-based
instructions, that also retains the ability to run legacy (i.e.,
register-based) applications without utilizing the JVM."
The accused products could only perform the allegedly infringing
operations after the installation of a software "technology
enabling kit." The defendants did not license or install
this enabling software, and it was agreed that the accused device
could not perform all of the
