Before the district court, Openet moved for summary judgment of noninfringement of the four patents. With regard to three of the patents, U.S. Patent Nos. 7,631,065 (the “’065 Patent”), 7,412,510 (the “’510 Patent”), and 6,947,984 (the “’984 Patent”), Openet argued that Amdocs was unable to point to actual infringing use and that the accused products did not practice all claim limitations. The district court granted Openet’s motion based on its finding that Amdocs did not raise a genuine question of material fact as to whether the accused devices practiced “completing” or “enhance[ing]” “in a distributed fashion,” a requirement which it construed to be common to all asserted claims. We agree with the court’s construction of enhancement and completion but we find that Amdocs’ documentary evidence describing the structure and operation of the accused product creates genuine factual issues regarding whether the product meets these constructions. Accordingly, for these three patents, we reverse the district court’s grant of summary judgment and remand.
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