In plaintiff's patent infringement suit against the defendant involving a patent for a computerized procurement service for matching potential buyers with potential vendors over a network, district court's conclusion that the asserted claims of the '328 Patent were infringed but invalid on obviousness grounds is vacated in part, affirmed in part, and remanded where: 1) district court's grant of summary judgment of invalidity and infringement are vacated excepted to the extent that the latter grant forecloses defendant's argument that its website does not offer goods or services; 2) district court's grant of summary judgment on the charges of indefiniteness is affirmed.
Appeal from: United States District Court for the District of New Jersey
Decided December 7, 2009
Opinion by Rader, Circuit Judge
For Appellant: Jeffrey I. Kaplan, Kaplan Gilman Gibson & Dernier LLP