PACT XPP Schweiz AG v. Intel Corporation

PACT XPP Schweiz AG v. Intel Corporation The Federal Circuit affirmed summary judgment of noninfringement. For the '301 patent, PACT forfeited its capability-based infringement theory; for the '593 patent, the district court correctly construed "physically dedicated connection" in view of PACT's reexamination statements, and the accused shared pathways did not meet that limitation. The decision reinforces that infringement theories must be clearly presented at summary judgment and that IPR/reexamination statements can materially narrow claim scope in district court. Affirmed. For the '301 patent, the district court construed "sequences" to require sequences of data, not instructions, based on PACT's statements in a parallel IPR. PACT argued on appeal that the accused processors were capable of data processing, but the Federal Circuit held that PACT had not fairly raised that capability-based apparatus infringement theory in opposing summary judgment. For the '593 patent, the court upheld a construction of "dedicated connection" requiring a link inaccessible to other devices and memories, relying on PACT's reexamination argument that a dedicated connection must be specifically devoted to connecting the two units and not other units. PACT's proposed construction requiring only one uniquely devoted segment in an end-to-end path was inconsistent with its reexamination statements. Because the accused core-to-memory pathways included shared lines and PACT did not identify evidence excluding those shared interfaces from the claimed connection, noninfringement was affirmed. claim construction infringement waiver / forfeiture non-precedential claim construction infringement waiver / forfeiture non-precedential claim construction infringement waiver / forfeiture non-precedential