`
`Plaintiff,
`
`
`
`TARGET CORPORATION,
`
`
`
`Defendant.
`
`
`
`
`
`
`
`
`v.
`
`
`
`Case: 3:22-cv-00425-wmc Document #: 48 Filed: 09/28/23 Page 1 of 3
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF WISCONSIN
`
`
`C.A. No. 3:22-cv-00425
`
`JURY TRIAL DEMANDED
`
`
`
`TARGET’S MOTION FOR SUMMARY JUDGMENT
`
`Defendant Target Corporation hereby moves for summary judgment and dismissal of
`
`Plaintiff Innovaport LLC’s claims. In particular, Target moves the Court to enter summary
`
`judgment as follows:
`
`(a)
`
`(b)
`
`The Asserted Claims are patent-ineligible;
`
`Out-of-store use of the accused instrumentalities does not infringe the Asserted
`
`Claims;
`
`(c)
`
`The accused instrumentalities do not infringe the following claims because Target’s
`
`website and mobile app do not have “user interfaces”: ’260 Patent claims 15, 16, 17;
`
`’933 Patent claims 1, 3, 6, 7; ’690 Patent claims 1, 4-6, 9-14; ’670 Patent claims 1,
`
`2, 4, 6, 7, 8, 9, 10, 12, 14;
`
`(d)
`
`The accused instrumentalities do not infringe the following claims because Target
`
`does not “provide” mobile devices: ’933 Patent claims 1, 3, 6, 7; ’690 Patent claims
`
`1, 4-6, 9-14;
`
`(e)
`
`The accused instrumentalities do not infringe the following claims because
`
`Innovaport has not shown that they engage in “periodic” communication with any
`
`1
`
`
`
`Case: 3:22-cv-00425-wmc Document #: 48 Filed: 09/28/23 Page 2 of 3
`
`user interface: ’260 Patent claims 9-11, 15-17; ’315 Patent claims 1-5, 9, 12, 14, 16-
`
`19;
`
`(f)
`
`(g)
`
`Target did not willfully infringe the Asserted Claims;
`
`The Asserted Claims are invalid for lack of written description if the Court holds
`
`that they are not limited to in-store use; and
`
`(h)
`
`The following claims are invalid for lack of written description if the Court holds
`
`that the term “user interface” is not limited to physical devices: ’260 Patent claims
`
`15, 16, 17; ’933 Patent claims 1, 3, 6, 7; ’690 Patent claims 1, 4-6, 9-14; ’670 Patent
`
`claims 1, 2, 4, 6, 7, 8, 9, 10, 12, 14.
`
`
`
`Target submits in support of this motion its Brief in Support, Proposed Findings of Fact,
`
`and the Declaration of Michael A. Vincent and accompanying exhibits.
`
`
`
`2
`
`
`
`Case: 3:22-cv-00425-wmc Document #: 48 Filed: 09/28/23 Page 3 of 3
`
`Dated: September 28, 2023
`
`Respectfully submitted,
`
`
`
`FISH & RICHARDSON P.C.
`
`
`
`By: /s/ Michael A. Vincent
`Neil J. McNabnay
`Texas Bar No. 24002583
`mcnabnay@fr.com
`Lance Wyatt
`Texas Bar No. 24093397
`wyatt@fr.com
`Michael R. Ellis
`Texas Bar No. 24102726
`ellis@fr.com
`Michael A. Vincent
`Texas Bar No. 24105738
`vincent@fr.com
`1717 Main Street, Suite 5000
`Dallas, Texas 75201
`(214) 747-5070 - Telephone
`(214) 747-2091 – Facsimile
`
`COUNSEL FOR DEFENDANT
`TARGET CORPORATION
`
`3
`
`
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