Symantec Corp. v. Hilgraeve, Inc.

In this patent infringement suit, appellant Symantec Corporation (“Symantec”) appeals from the district court’s grant of summary judgment of non-infringement of claims 1-20 of the asserted patent, U.S. Patent No. 5,319,776 (“the ’776 patent”). Symantec Corp. v. Computer Assocs. Int’l, Inc., No. 02-CV-73740-DT (E.D. Mich. Aug. 31, 2006) (reports and recommendations of magistrate judge).1 Computer Associates International, Inc. (“CA”), the accused infringer, cross-appeals from the district court’s grant of summary judgment on: (1) the defense of laches; (2) inequitable conduct; (3) invalidity over the prior art; and (4) inventorship. Id. Richard B. Levin (“Levin”) cross-appeals from the district court’s grant of summary judgment that he was not a co-inventor of the ‘776 patent. Id.
Because we find that the district court erred in its construction of the claim terms “a method of screening data as it is being transferred,” “destination storage medium,” “computer,” and “computer system,” we vacate and remand as to non-infringement and invalidity. We dismiss CA’s cross-appeal as to laches as improper, but we treat laches as an alternative ground for affirming the judgment. We affirm the district court’s decision on laches, inequitable conduct, and inventorship.

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