Board of Regents of the U of TX System v. BENQ Am. Corp

Plaintiff-Appellant the Board of Regents of the University of Texas System (“Board of Regents”) appeals a final judgment by the United States District Court for the Western District of Texas. Bd. of Regents of the Univ. of Tex. Sys. v. BENQ Am. Corp., No. 1:05-CV-181 (W.D. Tex. May 2, 2007). The district court entered final judgment after the parties stipulated that Defendants-Appellees BENQ America, Corp., et al. (collectively “BENQ”) did not infringe U.S. Patent No. 4,674,112 (“’112 Patent”), owned by the Board of Regents. The parties stipulated to judgment based on the district court’s construction of the claim term “syllabic element” and its subsequent decision to grant summary judgment of non-infringement to Defendant-Appellee Motorola Corp. (“Motorola”) based, in part, on that construction. The Board of Regents appeals both the district court’s claim construction and its grant of summary judgment. For the reasons explained below, we affirm.

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