Hand Held Products, Inc. v. Amazon.com, Inc., et al., C.A. No. 12-768-RGA-MPT, January 21, 2016.

Thynge, C.M. J.   Report and Recommendation recommending that defendant’s motion for summary judgment of non-infringement be granted and that its motion for leave to submit a sur-reply be denied as moot.

The disputed technology relates to image capturing apparatus, in particular to capture bar code information. Defendant argues that the accused apps do not infringe because a user cannot select an image from a live video and communicate that image to the accused apps. The court finds that because the user of the accused apps are unable to make that selection of an instantaneous image to capture, the “selectively capturing” limitation is not met and summary judgment of non-infringement is warranted.