Calypso Wireless (fka CLYW)

[Eli's Gone]

While I disagree with the Judge's ruling--and his Markman construction--his wording with regard to the SJ is standard verbiage in these things:

https://www.google.com/search?q=ratioale+for+summary+judgment&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a&channel=fflb#client=firefox-a&hs=FHx&hl=en&rls=org.mozilla:en-US%3Aofficial&channel=fflb&sclient=psy-ab&q=summary+judgment+no+reasonable+jury+could+find+&oq=summary+judgment+no+reasonable+jury+could+find+&gs_l=serp.12...50250.63332.1.64201.28.28.0.0.0.0.166.2634.25j3.28.0...0.0...1c.1.11.psy-ab.zZNcH3mZ9sE&pbx=1&bav=on.2,or.r_qf.&bvm=bv.45645796,d.eWU&fp=7bfa033871245053&biw=1416&bih=755

Summary judgment, as the term suggests, is a device whereby the judge decides the case before it ever gets to trial. The party asking for summary judgment must persuade the court that the facts are undisputed and the controlling law is unambiguous, so there is no need for a trial. As the standard is sometimes stated, it is clear at the time of the motion that no reasonable jury could find for the other side. Summary judgment, while fairly rare, is most often granted after extensive discovery (sworn deposition testimony and document production), when the parties can make an accurate forecast of what evidence would come out at trial.