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ARTICLE · 20 APRIL 2021

Unauthenticated Source Code Found Inadmissible

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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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.

United StatesLitigation, Mediation & Arbitration
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Ji-Hye (Christina) Yang
Ji-Hye (Christina) Yang
Esther Lim
Esther Lim
Elizabeth Ferrill
Elizabeth Ferrill
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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."

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