Parallel Networks Licensing, LLC v. Microsoft Corp.

 
APPEAL NO.
18-1120
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Hughes

Question(s) Presented

1. “[U]nder Vita-Mix, which holds that an expert (testifying that certain conditions can result in direct infringement) may supplement a customer-use survey (establishing those conditions exist in the marketplace) to raise a genuine issue of material fact, must the expert testify that those conditions ‘necessarily’ result in infringement to establish a genuine issue of material fact.” 2. “[U]nder Arthur A. Collins, which recognizes that all ‘reasonable inferences’ must be drawn in favor of the nonmovant in a motion for summary judgment, must a nonmovant’s expert witness eliminate all inferences from his report to establish that a genuine issue of material fact remains in the case?”