The district court granted summary judgment of non-infringement for the asserted claims under both patents except for a de minimis claim of direct infringement that was later dismissed.
Toshiba accused Appellees of infringing claims of the ‘751 and ‘966 patents. Appellees moved for summary judgment that they did not indirectly infringe the ‘751 patent. The district court granted the motion, concluding that the use of unfinalized DVDs was a substantial non-infringing use. The court held that “[b]oth theories of ‘indirect infringement’ – that is, contributory and induc-ing infringement – fail if there are any ‘substantial’ non-infringing uses.” Toshiba Corp., No. 09-cv-305-slc, slip op. at 25-26 (citing Dynacore Holdings Corp. v. U.S. Phillips Corp., 363 F.3d 1263, 1275 (Fed. Cir. 2004)).