In a patent infringement action involving systems for monitoring the flow of automobile traffic on thoroughfares, summary judgment for defendant is affirmed where: 1) defendant's monitoring device does not practice the "defining traffic lanes" step of the disputed claim and therefore does not literally infringe plaintiff's patent; and 2) plaintiff's infringement by equivalents claim fails, as the manner in which defendant's monitoring device defines lanes is much different than the patented invention.
Appeal from the United States District Court for the District of Utah.
Decided July 29, 2009
Before NEWMAN and SCHALL, Circuit Judges, and PATEL, District Judge.
Opinion by PATEL, District Judge