"From the beginning, plaintiffs have taken the position that they may prove infringement by defendant's products by showing that those products practice relevant standards that read on plaintiffs' patents."
In this case, however, the judge concluded that the "plaintiffs have failed to adduce sufficient evidence to allow a reasonable jury to find that defendant's accused products infringe any of the asserted claims in plaintiffs' patents and that defendant is entitled to summary judgment on plaintiffsâ(TM) infringement claims." As such, NETGEAR's 802.11-compliant products do not infringe. And in quite the benchslap, the judge was quite unimpressed with the three plaintiffs (LG, Fujitsu and Philips):
"Plaintiffs' preparation of the record evokes two images, neither one of which is flattering to plaintiffs. The first is that they conceive of the court as a hunting dog with no higher duty than to run down every fox, sniffing out evidence in the record, wherever it may exist. The second is Poe's Purloined Letter, in which a valuable letter is hidden in plain sight among many other letters."