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In a patent infringement case involving an apparatus for reading optical discs in a computer that reduces the role of magnetic disc drives, summary judgment of non-infringement in favor of defendants is affirmed as plaintiff has not proffered enough evidence to permit a reasonable juror to conclude that the accused devices contain a "data transmitting means", and without clear identification of the claimed structure or its equivalent in the accused devices, plaintiff cannot survive summary judgment.
Appeal from: United States District Court for the Eastern District of Michigan
Decided December 15, 2009
Opinion by Rader, Circuit Judge
For Appellant: Andrew Kochanowski, Sommers Schwartz, PC
For Appellee: John R. Hutchins, Kenyon & Kenyon