L&W v. Shertech (Fed. Cir. 2006).

Setup: Although L&W had multiple products, both parties approached infringement as “all or nothing.”  Shertech presented evidence as to infringement of one of the products and the remaining products were essentially ignored.

Rule: “When a patentee with the burden of proof seeks summary judgment of infringement, it must make a prima facie showing of infringement as to each accused device before the burden shifts to the accused infringer to offer contrary evidence.”

Holding: Summary judgment of infringement was reversed because it did not present sufficient evidence of infringement as to the particular products.