In an action for infringement of a patent related to a system for collecting, processing, and delivering information from a service provider, such as a telephone company, to a customer, district court's grant of summary judgment that defendants do not infringe the claims of the '270 patent is vacated in part, reversed in part and remanded where: 1) the district court erred in granting summary judgment of noninfringement as the district court erred by holding that in order to "use" a system under section 271(a), a party must exercise physical or direct control over each individual element of the system; and 2) the district court erred by holding there was no genuine issue of material fact that a prior art meets the "summary reports as specified by the user" limitation as there is a factual dispute as to whether the records that the prior art provided are "summary reports" as construed by the district court.
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