Full opinion text
MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. In this patent infringement case, the Plaintiff Luciano F. Paone (“Paone”) alleges that the Defendant Microsoft Corporation (“Microsoft”) has infringed United States Patent 6,259,789 (“the '789 Patent”), which Paone holds. Pursuant to the Supreme Court’s decision in Markman v. Westview Instruments, Inc., 517 U.S. 370, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996), the Court previously construed the disputed claim terms of the '789 Patent. Presently before the Court is the Defendant’s motion for summary judgment. For the reasons set forth below, the motion is granted in part and denied in part. I. BACKGROUND A. Background of the Invention For purposes of the present motion, the Court will restate the relevant facts as they appeared in the previous claim construction decision issued on February 9, 2011 (the “Markman Order”). See generally Paone v. Microsoft Corp., 771 F.Supp.2d 224 (E.D.N.Y.2011). On July 10, 2001, the United States Patent and Trademark Office (“PTO”) issued the '789 Patent, entitled “Computer Implemented Secret Object Key Block Cipher Encryption and Digital Signature Device and Method”, to the Plaintiff Luciano F. Paone. The '789 Patent describes a method of translating (or “encrypting”) ordinary data (called “plaintext”) into encoded data (called “ciphertext”), so that the plaintext may not be viewed by an unintended reader. In cryptography, which is the science of encryption, such a method is called a “cipher”. Generally, encrypted cipher-text is later decoded, or “decrypted”, into plaintext, so that the data is again usable. There are several ways to encrypt computer data, but the '789 Patent deals exclusively with “symmetric key” encryption of computer data, which requires that the encryptor and decryptor share knowledge of both a cipher and a key. Computer based symmetric key ciphers divide roughly into two types: block ciphers and stream ciphers. As a general matter, a stream cipher employs its key to encrypt data one bit at a time, while a block cipher employs its key to encrypt bits in groups. The '789 Patent describes a block cipher. Computer implemented block ciphers have been in wide use in the United States since at least 1976, when a block cipher called the “Data Encryption Standard” or “DES” was adopted by the United States government for general use. As of 1997, when Paone filed his patent application, dozens of additional block encryption algorithms had been published. However, most of those inventions used a single key to encrypt successive blocks of data. Paone’s innovation — in the most general terms — was to change the encryption key for each data block, based on additional, randomly generated data. B. Infringing Technology There are two components of Microsoft’s flagship computer operating system, Windows, that Paone asserts infringe the '789 Patent. Temporal Key Integrity Protocol (“TKIP”) encryption is an industry-standard data encryption protocol used to encrypt and decrypt data that is transmitted over wireless local area networks. TKIP technology improves on prior wireless encryption standards - by using a dynamic keying scheme in which the encryption key changes from one block of data to the next. The Defendant Microsoft implements or supports TKIP in many of its products, including Windows Vista, XP and 7, and Xbox 360. Paone claims that method claims 2 and 33 in the '789 Patent, as well as system claims 24 and 34 in the '789 Patent, are infringed by the TRIP technology. In order for TRIP to infringe any these claims, Paone necessarily must prove that TRIP incorporates every limitation of the claim, either literally or under the doctrine of equivalents. The second component Paone asserts as being infringed is BitLocker. BitLocker is an encryption feature implemented in Microsoft software, which is used to encrypt and decrypt data on a customer’s hard drive. BitLocker targets the “lost laptop” scenario, in which unprotected data could be vulnerable to theft or offline attacks. The BitLocker technology encrypts data on a hard drive using an encryption key that changes from one block of data to the next. As with TRIP, Microsoft has incorporated the BitLocker feature into a number of its products, including Windows Vista and 7 Ultimate. Paone claims that the method claims 2 and 33 in the '789 Patent are infringed by the BitLocker technology. In order for BitLocker to infringe either of these claims, Paone necessarily must prove that BitLocker incorporates every limitation of either of the claims, either literally or under the doctrine of equivalents. In sum, Paone alleges that Microsoft’s products implementing and supporting TRIP encryption infringe claims 2, 24, 33 and 34 of the '789 Patent, while products incorporating Microsoft’s BitLocker encryption feature infringe claims 2 and 33 of the '789 Patent. C. Procedural History Paone filed his application for the '789 Patent on December 12, 1997. Following the initial application, the PTO rejected Paone’s claims as unpatentable in three successive office actions, dated September 29, 1999, March 16, 2000, and October 30, 2000. In response to each of these rejections, Paone modified his claims and provided additional argument. Then, on July 10, 2001, the PTO deemed the described invention patentable, and issued the '789 Patent. On July 23, 2007, Paone commenced the present action against Microsoft, alleging that Microsoft was infringing the '789 patent. Specifically, Paone asserts that two components of Microsoft’s flagship computer operating system, Windows, infringe the '789 Patent, as set forth above. The parties proceeded with discovery, during which time Microsoft on May 16, 2008 requested the PTO to reexamine the '789 Patent. In early 2009, with the reexamination proceeding still pending, the parties briefed claim construction motions. However, before holding a Markman hearing, the Court on April 5, 2009 stayed the case pending the resolution of the reexamination proceeding. Then, before the stay was lifted, Microsoft also filed two more reexamination requests, dated June 29, 2009, and July 27, 2009. The three reexamination proceedings as a whole resulted in the cancellation of claims 1, 3, 23, and 32 of the '789 Patent, but also a ruling that several claims, including claims 2, 24, 33, and 34, were patentable. After certain amendments, a number of other claims were also found to be patentable. After the reexamination proceedings had been finalized, the Court on March 3, 2010 lifted the stay of the case. Partly as a result of the reexamination proceedings, Paone modified his position to assert that Microsoft was infringing claims 2, 24, 33, and 34 of the '789 Patent, all of which had been ruled patentable by the PTO. These claims read in full as follows (the language of claims 1, 23, and 32 are also included, because some of the asserted claims are dependent on those claims). What is claimed is: 1. A computer implemented method for encrypting data comprising the steps of: creating at least one object key in a block cipher, the at least one object key comprising data and methods that operate on said data; creating a key schedule based upon the at least one object key; encrypting a random session object key in a block cipher encryption process with the at least one object key; encrypting a block of input plaintext data utilizing said key schedule; modifying the at least one object key based on seeding from the random session object key; modifying the key schedule based upon the at least one modified object key; encrypting a next block of input plain-text data utilizing said modified key schedule; and repeating the steps of modifying the at least one object key, modifying the key schedule and encrypting utilizing the modified key schedule until the encrypting of blocks of plaintext data is completed. 2. A computer implemented method as defined in claim 1, wherein the modification of the key schedule is independent of the input plaintext data. 23. A cryptographic communications system comprising: at least two networked computer systems linked by a communication channel; and each computer system including a central processing unit and a memory storage device for executing a block cipher encryption/decryption process; wherein the encryption process transforms an input plaintext message to a ciphertext message and the decryption process transforms the ciphertext message to the input plaintext message, the encryption/decryption process using at least one dynamic object key which is modified using a nonlinear function for each block of input data, each object key being associated with a different key schedule to enerypi/decrypt the input plaintexf/output ciphertext message. 24. A cryptographic communications system as defined in claim 23, wherein the encryption/decryption process further includes the use of a random session object key having an initial state randomly generated by the computer system, and wherein the object key modifications are based on seeding from the random session object key. 32. A computer implemented method for encrypting data comprising the steps of: creating at least one object key in a block cipher, the at least one object key comprising data and methods that operate on said data; creating a key schedule based upon the at least one object key; encrypting a block of input plaintext data utilizing said key schedule; modifying the at least one object key based on at least a non-linear function; modifying the key schedule based upon the at least one modified object key; encrypting a next block of input plain-text data utilizing said modified key schedule; and repeating the steps of modifying the at least one object key, modifying the key schedule and encrypting utilizing the modified key schedule until the encrypting of blocks of plaintext data is completed. 33. A computer implemented method as defined in claim 32, where in the nonlinear function is a hashing function. 34. A cryptographic communications systems [sic] as defined in claim 23, wherein the non-linear function is a hashing function. It is crucial to note that claims 2 and 33 in the '789 Patent are method claims. See In re Rollar, 286 F.3d 1326, 1332 (Fed.Cir.2002) (“the distinction between a claim to a product, device, or apparatus, all of which are tangible items, and a claim to a process, which consists of a series of acts or steps.”); see also NTP, Inc. v. Research In Motion, Ltd., 418 F.3d 1282, 1322 (Fed.Cir.2005) (“The invention recited in a method claim is the performance of the recited steps.”). “The law of this circuit is axiomatic that a method claim is directly infringed only if each step of the claimed method is performed.” Muniauction, Inc. v. Thomson Corp., 532 F.3d 1318, 1328 (Fed.Cir.2008). Paone claims that both of the methods claims are infringed by TRIP and BitLocker. On the other hand, 24 and 34 are systems claims, and not method claims. Paone claims that both of these claims are infringed, but only by TRIP and not by BitLocker. Upon the lifting of the stay, the parties resumed their claim construction motions. Then, on the consent of the parties, the Court appointed Gale R. Peterson, Esq., an experienced and well-regarded patent attorney, as a special master in this case for the limited purpose of conducting a Markman hearing and issuing a report and recommendation to the Court on claim construction. On June 23, 2010 Special Master Peterson conducted a non-evidentiary Markman hearing, at which the parties’ attorneys presented their arguments on claim construction. On August 11, 2010, Special Master Peterson issued an extensive and detailed Report and Recommendation on claim construction (the “Special Master’s Report”). In response to this report, both Paone and Microsoft filed memoranda of law on September 17, 2010, each objecting in part to the Special Master’s Report. Prior to the Markman hearing, the parties presented nine claim terms for construction. However, after meeting and conferring at the suggestion of the Special Master, the parties agreed on meanings for three of those terms. The remaining six terms that were in dispute were: Asserted Claims (or underlying Disputed Terms/Phrases independent claims) Containing _the Disputed Terms/Phrases “object key”_1, 23, 24, 32_ “random session object key”_1, 24_ “repeating the step[ ] of modifying the at least 1, 32 one object key”_ “block”_1, 23, 32_ “key schedule”_1, 2, 23, 32_ “block cipher”_1, 23, 26, 32_ On February 9, 2011, this Court issued a decision construing these six claim terms (the “Markman Order”). As for “object key”, the Court concluded that the “object key” is an encryption key that is not available to the general public, and which is composed of both (1) key data and (2) methods that modify that key data. The Court also found that the object key need not be implemented in an object-oriented programming language. As for “random session object key”, the Court construed the term to mean an object key, as defined above, with data that is generated randomly for each instance of the use of the encryption application. As for “repeating the step[] of modifying the at least one object key”, the Court found the phrase to be understood as limited in the sense that the object key’s data, as it presently exists in the object key at each instance of modification, must be an input into the modification methods of that object key. As for “block”, the Court adopted in its entirety the Special Master’s analysis and construction of the term, which is: The term “block” as used in the claims and specification of the '789 patent means a sequence of bits wherein that sequence has a fixed length that does not vary from bloek-to-block. The length of a block may be determined through selection in an encryption algorithm. Plaintext data having a length longer than the length of a block is divided into blocks of fixed length. As for “key schedule”, the Court construed this term as a string of bits that is used in encrypting a block of input plaintext data. Moreover, the Court explained that it is created by using an object key as an input to an expansion function, which increases the size of the object key to form the key schedule. In addition, sub-portions of the key schedule must be accessible to be used separately in the encryption algorithm if called for, but those sub-portions may be accessed merely by identifying those sub-portions’ positions in the string of bits that forms the key schedule. Finally, as for “block cipher”, the Court found that a cipher that encrypts data in blocks, but does so by performing a single, successive, comparison of each element of the data block to an element of key data, is not a block cipher as the term is used in the '789 Patent. On December 21, 2011, the Defendant Microsoft filed the instant motion for summary judgment requesting a determination of non-infringement. II. DISCUSSION A. Legal Standard on a Motion for Summary Judgment Summary judgment is appropriate “if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). A genuine issue of material fact exists if “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). “Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is no genuine issue for trial.” Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (citation and internal quotation marks omitted). “The standard for summary judgment in a patent case is the same as in any other case.” CA, Inc. v. Simple.com, Inc., 780 F.Supp.2d 196, 208 (E.D.N.Y.2009) (citing Desper Prods., Inc. v. QSound Labs, Inc., 157 F.3d 1325, 1332 (Fed.Cir.1998) and Union Carbide Corp. v. Am. Can Co., 724 F.2d 1567, 1571 (Fed.Cir.1984)). Summary judgment on the ground of noninfringement of a patent, the relevant inquiry in this case, may be granted “where the patentee’s proof is deficient in meeting an essential part of the legal standard for infringement liability.” Johnston v. IVAC Corp., 885 F.2d 1574, 1577 (Fed.Cir.1989); see Travel Sentry, Inc. v. Tropp, 736 F.Supp.2d 623, 631 (E.D.N.Y.2010). “When deciding issues in a patent case, a district court applies the law of the circuit in which it sits to nonpatent issues and the law of the Federal Circuit to issues of substantive patent law.” In re Omeprazole Patent Litig., 490 F.Supp.2d 381, 399 (S.D.N.Y.2007) (citing Invitrogen Corp. v. Biocrest Mfg., L.P., 424 F.3d 1374, 1378-79 (Fed.Cir.2005)); see, e.g., Desenberg v. Google, Inc., No. 09 Civ. 10121, 2009 WL 2337122, at *5 (S.D.N.Y. July 30, 2009). In this case, there is no dispute that the '789 Patent has been deemed valid upon its initial examination and subsequent reexamination. Accordingly, the only issues remaining for determination with respect to the patent are infringement and damages. At this stage of the litigation, the Defendant contends that it is entitled to summary judgment on the remaining issue of patent infringement. B. Patent Infringement Pursuant to 35 U.S.C. § 271(a), “whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.” Patent infringement is “a strict liability offense”. In re Seagate Technology, LLC, 497 F.3d 1360, 1368 (Fed.Cir.2007), cert. denied sub nom. Convolve, Inc. v. Seagate Technology, LLC, 552 U.S. 1230, 128 S.Ct. 1445, 170 L.Ed.2d 275 (2008). Thus, while intent is not necessarily an element of a direct infringement claim, an alleged infringer cannot claim ignorance or a good faith belief of non-infringement in order to defend against a claim of infringement. See In re Omeprazole Patent Litig., 490 F.Supp.2d 381, 413 (S.D.N.Y.2007) (“Making, using, selling, or offering to sell matter covered by a patent without authority of the owner constitutes infringement regardless of knowledge or intent.”), aff'd, 281 Fed. Appx. 974 (Fed.Cir.2008), cert. denied sub nom. Apotex Corp. v. Astrazeneca AB, — U.S.-, 129 S.Ct. 1593, 173 L.Ed.2d 677 (2009); see also Metal Film Co. v. Metlon Corp., 316 F.Supp. 96, 111 n. 15 (S.D.N.Y. 1970) (“neither lack of knowledge of the patent nor lack of intent to infringe is a defense on the issue of infringement.”). To assess a patent infringement claim, there are two relevant inquiries. “First, the court must construe the patent’s claims as a matter of law to determine their proper scope.” Serby v. First Alert, Inc., No. 09 Civ. 4229, 2011 WL 4464494, at *4 (E.D.N.Y. Sept. 26, 2011). This task was previously completed by the Court in the Markman Order. “Second, a jury generally determines the factual issue of whether infringement has occurred, unless there is no genuine issue of material fact, in which case summary judgment is appropriate.” Id. Thus, as the Court previously resolved all disputes over the language of the patent claims, the issue of infringement may be resolved as a matter of law on a motion for summary judgment. See Moore U.S.A. Inc. v. The Standard Register Co., 144 F.Supp.2d 188, 191-92 (W.D.N.Y.2001); see also Gart v. Logitech, Inc., 254 F.3d 1334, 1339 (Fed.Cir.2001) (noting that infringement is properly decided upon summary judgment when no reasonable jury could find that every limitation recited in the properly construed claim either is or is not found in the accused device), cert. denied, 534 U.S. 1114, 122 S.Ct. 921, 151 L.Ed.2d 886 (2002); Wolverine World Wide, Inc. v. Nike, Inc., 38 F.3d 1192, 1199 (Fed.Cir.1994) (“In order for a court to find infringement, the plaintiff must show the presence of every ... [limitation] or its substantial equivalent in the accused device.”). Paone asserts that there is infringement by Microsoft as to four claims of the '789 patent. In particular, the Plaintiff asserts that four claims — 2, 24, 33, and 34 — are infringed in connection with the TKIP component, and two claims — 2 and 33 — are infringed in connection with the BitLocker component. As for the latter, all of the infringement claims in connection with Bit-Locker are asserted under the doctrine of equivalents (“DOE”), namely, not literal infringement. The Plaintiffs claims are summarized as follows: Claim_Accused Technology_Infringement Theory 2 (method)_TKIP_BitLocker_DOE 33 (method)_TKIP_BitLocker_DOE 24 (system)_TKIP__ Literal_DOE 34 (system)_TKIP___Literal_ DOE The core of the Defendant’s present summary judgment motion on the basis of noninfringement is that neither of Microsoft’s accused technologies — TKIP nor Bit-Locker — fall within the claim boundaries of the '789 patent set by the Court’s previous Markman Order. “[Ijnfringement is assessed by comparing the accused device to the claims[;] the accused device infringes if it incorporates every limitation of a claim, either literally or under the doctrine of equivalents.” Nazomi Commc’ns, Inc. v. Arm Holdings, PLC, 403 F.3d 1364, 1372 (Fed.Cir.2005) (emphasis added). If, however, even one claim limitation is missing or not met, there is no literal infringement. Mas-Hamilton Group v. LaGard, Inc., 156 F.3d 1206, 1211 (Fed.Cir.1998). The Defendant’s arguments center on three claim limitations; two of the limitations are found in all four claims, one of the limitations is found in only two claims. The first limitation at issue is “block”, which is contained in all four claims. Microsoft contends that TKIP cannot meet this claim limitation either literally or under the doctrine of equivalents, and therefore TKIP cannot be found to infringe any of the four claims. See z4 Techs., Inc. v. Microsoft Corp., 507 F.3d 1340, 1348 (Fed.Cir.2007) (“We presume, unless otherwise compelled, that the same claim term in the same patent or related patents carries the same construed meaning.” (internal quotation marks omitted)). As a practical matter, if Microsoft ultimately prevails on this argument, then claims 2, 33, 24, and 34 cannot be infringed by TKIP. The next limitation at issue is the “object key” limitation, which also is contained in all four claims. Microsoft maintains that neither TKIP nor BitLocker meet this claim limitation, and therefore neither component can be found to infringe any of the four claims. Again, as a practical matter, if Microsoft ultimately prevails on this argument, then claims 2, 33, 24, and 34 cannot be infringed by TKIP or BitLocker. The last limitation at issue is the “repeating step” limitation, which is only contained by incorporation in the method claims 2 and 33. Microsoft maintains that neither TKIP nor BitLocker meet this claim limitation, and therefore neither component can be found to infringe the two method claims. As a practical matter, if Microsoft ultimately prevails on this argument, then claims 2 and 33 cannot be infringed by TKIP or BitLocker. Ultimately, the resolution of one of these contentions has the potential to dispose of the entire matter, or at least dispose of certain claims that are at issue. For instance, if there is no question of fact that BitLocker does not meet the “repeating step” limitation found in the method claims 2 and 33, then it is irrelevant whether it also meets the “object key” limitation in those two claims. However, for purposes of the present motion, the Court will fully address all issues raised by the parties and will assess each claim limitation independently. In the conclusion, the Court will summarize the practical effect of the Court’s findings on the claims that remain. C. As to Whether Microsoft Encrypts “Blocks” of Plaintext with a “Block Cipher” The first relevant inquiry is whether Microsoft’s TRIP component literally infringes the '789 patent or infringes under the doctrine of equivalents, in light of the method in which TRIP encrypts “blocks” of plaintext with a “block cipher”. As mentioned above, TRIP is an industry-standard data encryption protocol used to encrypt and decrypt data that is transmitted over wireless local area networks. The Defendant Microsoft implements or supports TRIP in many of its products. The data units used in the TRIP encryption, called MAC Protocol Data Units (“MPDUs”), are the only components that could potentially qualify as “blocks” in a “block cipher” under the '789 patent. When a data message such as a computer document is transmitted over a TRIP-enabled network, the system determines the size of the message and compares it to the maximum TRIP block size, also known as the “fragmentation threshold.” If, and only if, the message has a length that is precisely an exact multiple of the applicable fragmentation threshold, will this result in an encryption where each and every MPDU has the same length. However, if the message length exceeds the fragmentation threshold, the message will be fragmented and encrypted (and subsequently decrypted) as a series of TRIP MPDUs, with the final MPDU having a different length. This last MPDU consists of what are the leftover bits after the message is divided. The capability to split a data message if the fragmentation threshold is exceeded is a requirement of the TRIP standard. According to Microsoft, every asserted claim — 2, 33, 24, and 34 — requires encryption of “blocks” of plaintext in a “block cipher.” (See '789 patent claims 2, 33, 24 & 34.) Thus, in order to prove infringement, Paone would necessarily need to demonstrate at trial that Microsoft’s TRIP component satisfies these limitations in the claims. Honeywell Int’l, Inc. v. United States, 70 Fed.Cl. 424, 446 (Fed.C1.2006) (noting that a prima facie case of literal infringement requires the accused matter to fall clearly within the patent claim, meaning that “every limitation of a claim [must] be met to establish literal infringement.”) (quoting Intellicall, Inc. v. Phonometrics, Inc., 952 F.2d 1384, 1389 (Fed.Cir.1992) (overturned on other grounds); see also Research Plastics, Inc. v. Federal Packaging Corp., 421 F.3d 1290, 1297 (Fed.Cir.2005) (“Literal infringement requires that the accused device embody each of the limitations of the asserted claim.”). In other words, for Microsoft to succeed on its motion for summary judgment, it must show that there is no genuine issue of material fact as to whether TRIP encrypts plaintext “blocks” and does so in a “block cipher”. Microsoft contends that the record clearly confirms that TRIP contains neither of these elements either literally or equivalently, and accordingly, cannot be found to infringe the '789 patent. 1. “Block” As previously and thoroughly analyzed in the Markman Order, the claim term “block” is used to describe groups of data to be encrypted or decrypted. As relevant to the allegedly infringed claims, the term appears in claim 1 (incorporated by reference in claim 2), claim 23 (incorporated by reference in claims 24 and 34), and claim 32 (incorporated by reference in claim 33). For example, claim 1 describes the methods of the invention as including the steps of: encrypting a block of input plaintext data utilizing said key schedule; encrypting a next block of input plain-text data utilizing said modified key schedule; and repeating the step[ ] of ... encrypting utilizing the modified key schedule until the encrypting of blocks of plaintext data is completed. ('789 Patent, 11:26-38 (emphasis added).) The systems claims — 24 and 34 — state that a dynamic object key is modified “for each block of input data.” (Id. at 11:28-30 (emphasis added).) The primary dispute between the parties at the time of claim construction regarding the claim term “block” was whether it required that all blocks of data in a given encryption be of the same length, or whether the block length could vary among blocks. Paone’s patent contained a preferred embodiment where the blocks have a “fixed length”; namely, each block contains 512 bits of information. The patent application explains that data blocks of 512 bits (64 bytes) each are encrypted, and that the input file will be padded with random bytes in order to produce a file with a length having a multiple of 512 bits. Nevertheless, Paone proposed at the claim construction stage that blocks are simply groups of data that are input into the block cipher. The Plaintiff further suggested that each block must have a fixed length, so that the length is “known to the cipher algorithm”, but that there is no limitation in the patent that each and every block must be set to the same size. On the other hand, Microsoft contended that “block” meant a string of fixed length that applies to all strings of data, as defined by a block cipher. Ultimately, the Court concurred with the Special Master and found that the term “block” as used in the claims and specification of the '789 patent means “a sequence of bits wherein that sequence has a fixed length that does not vary from block-to-block. The length of a block may be determined through selection in an encryption algorithm. Plaintext data having a length longer than the length of a block is divided into blocks of fixed length.” (Markman Order, at 43.) The Court explicitly accepted the Defendant’s interpretation that every block must be the same size and thus be “not subject to change or variation”, thereby rejecting Paone’s interpretation that “fixed” meant only “determined, established, or set”. (Special Masters Report, at 197.) Therefore, in order for Microsoft to literally infringe the relevant four claims of the '789 patent, the blocks in TKIP’s encryption would necessarily need to have a fixed length, and that length cannot vary from block-to-block. The Defendant asserts that it is entitled to summary judgment on the ground that the blocks in TRIP do not necessarily have the same length from block-to-block, and consequently cannot literally infringe. In addition, the Defendant contends that it cannot be found to have infringed under the doctrine of equivalents, as posited by the Plaintiff. The Court will address each of these contentions in turn. a. Literal Infringement Literal infringement of a claim occurs when every limitation recited in the claim appears in the accused device, ie., when “the properly construed claim reads on the accused device exactly.” Amhil Enters., Ltd. v. Wawa, Inc., 81 F.3d 1554, 1562 (Fed.Cir.1996). As an initial matter, the Court notes that based upon the evidence in the record, there is no question of fact that TRIP allows in theory for two different scenarios: one in which MPDU blocks are all the same length, and one in which the MPDU blocks are not all the same length. The Plaintiff does not appear to dispute this fact in its opposition papers or in its Local 56.1 Statement. (See Pl. Resp. 56.1, ¶ 34.) Dr. Blaze, the Plaintiffs technical expert, testified to this explicitly in his deposition: A. The MPDUs are blocks in TRIP, yes. Q. And the length of an MPDU can vary from MPDU to MPDU, right? A. Well, that depends. That depends on what’s presented to TRIP. Whether an MPDU is the same size as a previous MPDU, whether they’re all the same size or not, depends on a number of factors. Q. But they can be different, then; the length of one MPDU can be different than the length of a subsequent MPDU? A. There may be scenarios under which that’s true, and, again, it depends on a variety of factors whether that will be true. (Blaze 9/13/2011 Tr. at 124-25.) For the moment, the Court sets aside the possible circumstance where the MPDUs are uniformly the same length. Instead, the Court will focus on the other potential (and presumably more likely) outcome: where the MPDUs are not uniformly the same size. Typically, this scenario is illustrated by an extremely high number of MPDUs that do have the same length, followed one single MPDU of a different length that represents the leftover bits that were not an exact multiple of the fragmentation threshold. Paone argues that even in this situation — where one MPDU is not the same length as every other MPDU — this nevertheless meets the “blocks” limitation in the '789 patent. He contends that the MPDUs still comprise a “sequence of bits wherein that sequence has a fixed length that does not vary from bloek-to-block” and therefore literally meets the Court’s construction of “block.” In short, Paone asserts that simply because TRIP could encrypt a single MPDU having a different length, i.e., representing the remaining bytes after the message is encrypted into identical length MPDUs, does not mean that TRIP does not contain the “blocks” element of the claim. Paone also attempts to argue that this potential additional MPDU that is non-conforming in length is merely an additional step that does not remove the accused technology from the literal scope of the claims. See CollegeNet, Inc. v. ApplyYourself, Inc., 418 F.3d 1225, 1235 (Fed.Cir.2005) (“The transitional term ‘comprising’ ... is inclusive or open-ended and does not exclude additional, unrecited elements or method steps ... A drafter uses the term ‘comprising’ to mean T claim at least what follows and potentially more.’ ”) (internal quotations and citations omitted). However, despite Paone’s arguments to the contrary, the Court finds that in this particular scenario, TRIP would not be infringing. This is because when the MPDUs are all of uniform length except for a single non-conforming MPDU, they are not fixed in a way that every block has precisely the same length, as the claims of the '789 patent have been construed. The Court’s claim construction requires that TRIP encrypted blocks do not vary from block to block. To the extent that several or merely one does, this simply does not literally infringe the patent. It may be a minor distinction, but it is one that patent law requires this Court to make. See, e.g., Atlas Powder Co. v. E.I. Du Pont de Nemours and Co., 588 F.Supp. 1455, 1471 (D.C.Tex.1983) (“The differences between the two emulsifiers are slight, but they preclude a finding of literal infringement because ‘[m]inor modifications are ... sufficient to avoid literal infringement.’ ”) (quoting Weidman Metal Masters v. Glass Master Corp., 623 F.2d 1024, 1026 (5th Cir.1980)). To the extent that Paone attempts again to assert that merely because the block length is set by the algorithm so that it is “fixed”, whether or not they are all of the same length, this argument is once again rejected. Fixed in this ease means constant. While it is unnecessary for the Court to restate its reasoning as to this notion, as it has been thoroughly explored in the Markman Order, the Court notes that it previously relied upon claim 15 when construing the claim term: an additional piece of intrinsic evidence apparently not addressed by the parties or the Special Master supports the Special Master’s conclusion. The patent provides in claim 15 for “[a] computer implemented method as defined in claim 2, wherein input plaintext is compressed ... and padded ... to produce a file with a length that is evenly divisible by the block length ....” ('789 Patent, 13:36-41.) Claim 15’s description of a file that is “evenly divisible by the block length” is a strong indication that, at least for that claim, block length does not vary from block to block. Otherwise, the term “evenly divisible” would have little meaning. The Court is cognizant of the bar on reading the additional limitations of claim 15 into claims 1 and 2. However, claim 15 does not define “block” separately from claims 1 and 2, but rather inherits this term from them as a dependent claim. Moreover, claim 15 says nothing about the “block” or “block length” until it is referenced in a way that implies that a block has a fixed length. While this evidence is not conclusive, the Court finds that it does support the Special Master’s finding that the term “block” as used in claim 1 has a fixed length. See Phillips [v. AWH Corp.], 415 F.3d [1303], at 1314 [ (Fed.Cir.2005) ] (“Because claim terms are normally used consistently throughout the patent, the usage of a term in one claim can often illuminate the meaning of the same term in other claims.”) (Markman Order, at 42.) This same reasoning supports the conclusion here. The description of a file that is “evenly divisible by the block length” led the Court, in part, to conclude that the blocks must have a fixed length. If infringement could be found where there was uneven division, so that there was one block of unfixed length, this would contradict the rationale as set forth in this Court’s previous decision. The Court now addresses the more complicated issue, which is that there is a potential permutation of the TRIP encryption protocol in which the data file has a length that is precisely a multiple of the fragmentation constraint, so that MPDUs of exactly equal length are created. There does not appear to be a question of fact that this is conceivable and hence theoretically possible. Certainly there is some possibility, however remote, that the data file has a length that is precisely a multiple of the fragmentation constraint, as the Plaintiffs expert posits there is. This then leads to two further lines of inquiry. First, is it enough for TRIP to merely be capable of infringement? While certainly this is not like other patent cases in which the technology is set to a non-infringing default, it is somewhat similar to those cases in which there is both a noninfringing and an infringing mode. However, unlike the precedent cited by the parties, whether the TRIP will result in blocks of equal length is not a result of a user implemented choice to operate one particular feature of the technology. Rather, in what appears to be a matter of first impression, whether TRIP results in infringement is entirely driven by randomness. As for the question of whether capability alone is sufficient, it is highly relevant as to what types of claims are at issue. With regard to method claims 2 and 33, which speak to the steps of encryption, capability is determinative. “It is well established that a patent for a method or process is not infringed unless all steps or stages of the claimed process are utilized.” Roberts Dairy Co. v. United States, 208 Ct.Cl. 830, 530 F.2d 1342, 1354 (1976) (citing Engelhard Industries, Inc. v. Research Instrumental Corp., 324 F.2d 347 (9th Cir.1963), cert. denied, 377 U.S. 923, 84 S.Ct. 1220, 12 L.Ed.2d 215 (1964) (emphasis added)). “A patented method is a series of steps, each of which must be performed for infringement to occur. It is not enough that a claimed step be ‘capable’ of being performed.” Cybersettle, Inc. v. Nat’l Arbitration Forum, Inc., 243 Fed.Appx. 603, 606-07 (Fed.Cir.2007) (citing Ormco Corp. v. Align Tech., Inc., 463 F.3d 1299, 1311 (Fed.Cir.2006) (rejecting an argument that a claim requiring the replacement of appliances can be performed if the appliances are merely “capable of’ being replaced)); see also NTP, 418 F.3d at 1318 (“[T]he use of a [claimed] process necessarily involves doing or performing each of the steps cited.”). Therefore, even if the Plaintiff could produce evidence to demonstrate that TKIP, in certain random implementations, would result in blocks of uniform equal length, that capability alone would not be sufficient for a finding of infringement, at least as to the methods claims. See Lucent Technologies, Inc. v. Gateway, Inc., 543 F.3d 710 (Fed.Cir.2008) (finding that patent owner did not demonstrate infringement of audio coding methods claim by offering circumstantial evidence that proved at most that accused encoder possibly was capable of running; owner had to show, circumstantially or otherwise, that accused encoder actually had run and performed claimed method); E-Pass Technologies, Inc. v. 3Com Corp., 473 F.3d 1213, 1216 (Fed.Cir.2007) (affirming district court’s grant of summary judgment of non-infringement where the patents were directed to a method of substituting an electronic multi-function card for a plurality of credit cards and the evidence provided by the patentee at best showed that customers were taught each step of the claimed method in isolation, yet failed to establish that all of the steps of the method had actually been performed in the prescribed order, so that it would be too speculative to conclude that any customer actually performed the claimed method). On the other hand, as for the systems claims, capability may be sufficient. It is clear that “an accused product that sometimes, but not always, embodies a claimed method nonetheless infringes.” Bell Commc’ns Research, Inc. v. Vitalink Commc’ns Corp., 55 F.3d 615, 622-23 (Fed.Cir.1995). Compare Netscape Commn’s Corp. v. ValueClick, Inc., 684 F.Supp.2d 699, 722 (E.D.Va.2010) (“these patent claims do not require a user to execute the claimed method; rather, the claimed computer systems are simply described as capable of performing the method, not as actually performing the method.”). Nevertheless, even if capability to form equal length “blocks” is sufficient to constitute infringement, the Court need not reach the issue of whether capability is sufficient for systems claims. This is because there is no genuine issue of material fact as to whether TKXP is even capable of meeting this limitation. The second relevant inquiry is, assuming that it is enough for TKXP to be merely capable of infringing in one particular randomly generated instance, is it sufficient that no real world implementations of this result have been demonstrated? The Defendant contends that summary judgment is appropriate because MPDUs may only theoretically be of uniform length. Put another way, the question is whether Microsoft can be held liable because TKJP may hypothetically result in identical length blocks, although the Plaintiff has been unable to demonstrate at this stage of the litigation that real-world implementations of the protocol can infringe. Microsoft asserts that “[mjerely because, hypothetically, consecutive MPDUs may sometimes have the same length does not literally mean that MPDU length is ‘fixed.’ ” (PI. Mem. at 8.) The Defendant’s logic is that the possibility that MPDUs may sometimes have the same length runs contradictory to this Court’s ruling that block lengths not be sometimes the same for two consecutive blocks, but rather be fixed for all blocks. In this regard, the Court agrees with Microsoft that merely presenting a theoretical possibility of capability is insufficient. The ultimate burden of proving infringement rests with the patentee so that “an accused infringer seeking summary judgment of noninfringement may meet its initial responsibility either by providing evidence that would preclude a finding of infringement, or by showing that the evidence fails to establish a material issue of fact essential to the patentee’s case.” Novartis Corp. v. Ben Venue Labs., Inc., 271 F.3d 1043, 1046 (Fed.Cir.2001). Here, Microsoft has not provided evidence that TKXP is incapable of resulting in equal block length, only that it is “theoretical” and presumably, highly unlikely. Cf. Harris Corp. v. Fed. Exp. Corp., 07 Civ. 1819, 2010 WL 129794, at *8 (M.D.Fla.2010) (finding that because FedEx provided credible evidence of noninfringement, the burden shifted to the Plaintiff to provide evidence raising actual doubt as to potential infringement). Nevertheless, the Defendant has shown that the evidence fails to establish a material issue of fact essential to the patentee’s case. At this point, the Plaintiff can only demonstrate that it is theoretically possible for the TRIP component to infringe his patent. “[H]e has shown no more than a theoretical possibility or ‘metaphysical doubt,’ which is insufficient to create a genuine issue of material fact.” Jansen v. Rexall Sundown, Inc., 342 F.3d 1329, 1334 (Fed.Cir.2003) (quoting Anderson, 477 U.S. at 261, 106 S.Ct. 2505); see Fire King Intern. LLC v. Tidel Eng’g, L.P., 613 F.Supp.2d 836, 842 (N.D.Tex.2009) (“none of this hypothetical evidence creates a genuine issue of material fact as to whether any of the Sentinel products installed at Speedy Stop stores are actually configured in such a way as to infringe Claim 1 and Claim 11 of the '252 Patent.”). Essentially, TRIP is capable of acting in both a non-infringing mode and an infringing mode. When the data exceeds the fragmentation threshold in a way that is not precisely divisible by the applicable number, then the result is blocks that are not all of equal length. On the other hand, if the data exceeds the fragmentation threshold in a way that is precisely divisible by the applicable number so that equal MPDUs are created, then this implementation of TRIP may be infringing, as it would literally satisfy the claims limitation in the '789 patent. However, the Plaintiff has failed to demonstrate a single instance of the latter actually occurring in the real world, and thus has failed to prove that TRIP is actually capable of infringement. The Defendant asserts that Dr. Blaze was required to compare the '789 patent with the encryption actually utilized by Microsoft technology, look for real “blocks”, and see whether there are actual instances in the real world where the blocks are uniformly of equal length. The Court agrees. Instead, Dr. Blaze supposedly reached his conclusions based solely upon the text of the TRIP protocol and thus merely pondered whether such a result would be theoretically possible. This is insufficient to show that TRIP is actually capable of meeting the “block” limitation, which is necessary to prove infringement. See Cybersettle, 243 Fed.Appx. at 609 (“In the course of their operation, the accused ANS 3 and ANS lx systems would infringe (assuming all the other claim limitations were satisfied) only when they received multiple demands and multiple offers; proof that those systems were capable of receiving multiple demands and multiple offers is not proof that they ever performed the claimed methods”); WebZero, LLC v. ClicVU, Inc., No. 08 Civ. 0504, 2009 WL 8173102, at *4-5 (C.D.Cal. May 1, 2009) aff'd, 392 Fed.Appx. 863 (Fed.Cir.2010) (noting that “while it is true that an accused product that sometimes, but not always, embodies a claimed method nonetheless infringes, the accused infringing product must be capable of accomplishing the entire method of the claim”) (internal quotation marks omitted); see also Fire King Intern., LLC v. Tidel Eng’g, L.P., 613 F.Supp.2d 836, 842 (N.D.Tex.2009) (finding that even where marketing materials and expert testimony demonstrated that a system was capable of infringing the patent, “none of this hypothetical evidence creates a genuine issue of material fact as to whether any of the Sentinel products installed at Speedy Stop stores are actually configured in such a way as to infringe Claim 1 and Claim 11 of the '252 Patent.”). This is in stark contrast to a case like Vita-Mix Corp. v. Basic Holding, Inc., 581 F.3d 1317, 1326 (Fed.Cir.2009), for example, where there was expert testimony that certain testing and demonstrations conducted by the defendant constituted infringement. This is not to say that in every instance of patent infringement, the patentee must necessarily demonstrate specific instances of infringement. See ACCO Brands, Inc. v. ABA Locks Mfr. Co., 501 F.3d 1307, 1313 (Fed.Cir.2007) (holding that the patent owner must show actual infringement, rather than just the capability to infringe). What the Court finds here is that Paone has failed to even satisfy the minimal burden that TRIP is in reality capable of meeting the “blocks” limitation. Cf. Fujitsu, 620 F.3d 1321 (“The claim language at issue in the '789 patent does not merely require the capacity to contain blocks; it explicitly requires “blocks” in the claim language. Unless the claim language only requires the capacity to perform a particular claim element, we have held that it is not enough to simply show that a product is capable of infringement; the patent owner must show evidence of specific instances of ... infringement.”); Intel Corp. v. U.S. Int’l Trade Comm’n, 946 F.2d 821, 832 (Fed.Cir.1991) (holding that the claim term “programmable selection means” only required that the infringing product be capable of infringing). Thus, Paone has failed to establish a genuine issue of material fact regarding literal infringement with regard to TRIP. As a final matter on this subject, the Court will address the recent case relied on by the Defendant entitled Fujitsu Ltd. v. Netgear Inc., 620 F.3d 1321, 1326-29 (Fed.Cir.2010). According to Microsoft, comparing a standard like TRIP with the claims in a patent can only warrant recovery if the Plaintiff can demonstrate that real-world implementations of the standard always infringe. See Fujitsu Ltd., 620 F.3d at 1326-29. In Fujitsu, the issue was whether the Defendant’s implementation of a certain wireless networking protocol for sending and receiving messages between a base station, such as a wireless router, and a mobile station, such as a laptop, infringed the plaintiffs’ patent. In the summary judgment motion filed by the plaintiffs, they argued that by simply complying with the standard, Netgear necessarily infringed the asserted claims. In other words, the plaintiffs claimed that because the standard itself allowed for infringement, that was sufficient without any proof of real world implementations of that standard. In its First Noninfringement Order, the district court held that any product that complied with certain sections of the standard infringed the asserted claims. But in its Second Noninfringement Opinion, the district court noted that the fragmentation option is disabled by default in the accused products and required Philips to show evidence of direct infringement by users turning on the fragmentation function. On appeal, Netgear argued that it was legally incorrect to compare claims to a standard rather than directly to accused products. The Court held that: a district court may rely on an industry standard in analyzing infringement. If a district court construes the claims and finds that the reach of the claims includes any device that practices a standard, then this can be sufficient for a finding of infringement. We agree that claims should be compared to the accused product to determine infringement. However, if an accused product operates in accordance with a standard, then comparing the claims to that standard is the same as comparing the claims to the accused product.... An accused infringer is free to either prove that the claims do not cover all implementations of the standard or to prove that it does not practice the standard. Id. at 1327. The Fujitsu court went on to state that public policy weighed in favor of this approach, because if a court determined that all implementations of a standard infringed the claims of a patent, then it would be a waste of judicial resources to separately analyze every accused product that undisputedly practices the standard. However, the court acknowledged “that in many instances, an industry standard does not provide the level of specificity required to establish that practicing that standard would always result in infringement.” Id. For instance, in the Fujitsu case, the standard was merely optional, so that standards compliance alone did not establish that the accused infringer chose to implement the infringing optional section. In those instances, the Federal Circuit stated that: it is not sufficient for the patent owner to establish infringement by arguing that the product admittedly practices the standard, therefore it infringes. In these cases, the patent owner must compare the claims to the accused products or, if appropriate, prove that the accused products implement any relevant optional sections of the standard. This should alleviate any concern about the use of standard compliance in assessing patent infringement. Only in the situation where a patent covers every possible implementation of a standard will it be enough to prove infringement by showing standard compliance. Id. at 1328. While the Fujitsu case is certainly relevant to the current analysis, it is not determinative and has several key distinctions. One key distinguishing factor is that the standard in Fujitsu had a default mode that was automatically non-infringing. Only if a user chose to implement an optional feature of the standard would infringement occur. Here, while there is arguably an infringing and non-infringing “mode” of TRIP, there is no default mode. More importantly, whether the standard can be implemented in an infringing way is not based upon a user actively utilizing an option in the protocol, but rather upon randomness and chance. Therefore, the Court agrees with Paone that the Fujitsu precedent is not applicable to the instant case for several reasons. Regardless, putting aside this authority, the Court still finds that the Plaintiff has failed to demonstrate a genuine issue of material fact in regard to whether the blocks limitation may be literally met. Even if the Court is to disregard Fujitsu and reject the notion that the Plaintiff must demonstrate that real-world implementations of the standard always infringe, he must at least produce evidence that the standard is actually capable of infringing. The Plaintiff has only presented Dr. Blaze’s conjecture that TKIP may theoretically result in MPDUs that are uniform length. This is plainly insufficient. Moreover, the Plaintiff also argues that Fujitsu is not applicable to claims 24 and 34 because they are directed communications systems, rather than methods. See NTP, Inc. v. Research in Motion, Ltd., 418 F.3d 1282, 1318 (Fed.Cir.2005) (“[T]he use of a process necessarily involves doing or performing each of the steps recited. This is unlike use of a system as a whole.... ”). In this vein, the Plaintiff urges the Court to disregard Fujitsu and instead follow the dictates of Finjan, Inc. v. Secure Computing Corp., 626 F.3d 1197, 1204 (Fed.Cir.2010). In this latter case, the Federal Circuit held that because the claims at issue were “system” claims that did not require the performance of any method steps, “to infringe a claim that recites capability and not actual operation, an accused device need only be capable of operating in this described mode.” However, in the Finjan case, the claim language only required the capacity to perform a particular claim element. In particular, “Finjan’s apparatus claims [did] not require that the proactive scanning software be configured in a particular way to infringe — only that it be programmed for performing the claimed steps.” Id. at 1204 (emphasis added). That is plainly not the system claims at issue here. Rather, 24 and 34 both contain language that requires “blocks” of data. It does say that the data need only be capable of being divided into equal block units. Thus, the Plaintiffs reliance on Finjan is misplaced. In sum, the Court grants the Defendant’s motion for summary judgment as to the literal infringement of the four claims, in light of the Plaintiffs failure to produce evidence that TKIP even has the capability to meet the blocks limitation. b. Doctrine of Equivalents In light of the Court’s finding that there are no genuine issues of material fact as to whether TKIP can literally infringe any of the relevant four patent claims as a matter of law based upon the “block” limitation, the Court must proceed to assess whether TKIP can nevertheless be found to infringe the four patent claims because it meets the “block” limitation under the doctrine of equivalents. Infringement under the doctrine of equivalents requires that the accused method or system contain each limitation of the claim or its equivalent. See Warner-Jenkinson Co. v. Hilton Davis Chem. Co., 520 U.S. 17, 40, 117 S.Ct. 1040, 137 L.Ed.2d 146 (1997) (noting that because each limitation contained in a patent claim is material to defining the scope of the patented invention, a doctrine of equivalents analysis must be applied to individual claim limitations, not to the invention as a whole). An element in the accused method or system is equivalent to a claim limitation if the differences between the two are “insubstantial” to one of ordinary skill in the art. See id. Paone argues that TKIP may infringe the '789 patent claims because it meets the “block” limitation under the doctrine of equivalents. In particular, the Plaintiff contends that “one of ordinary skill in the art would consider the differences between a system or method that encrypts blocks that vary in length in some circumstances, and one that does not, to be insubstantial — it is merely a design choice.” (PI. Mem. at 7.) Moreover, the Plaintiff maintains that although the patent discloses an embodiment that encrypts blocks that do not vary in length, that aspect is not the inventive focus of the asserted claims, which do not address block length at all. Finally, Paone asserts that in scenarios when the TKIP’s “blocks” vary in length from one to the next, those MPDUs nonetheless perform substantially the same function — dividing a large amount of data into manageable portions to facilitate block cipher encryption; in substantially the same way — by grouping data for encryption by a block cipher; to achieve substantially the same result — the conversion by a block cipher of unencrypted plaintext blocks of data into encrypted ciphertext blocks of data — as the “blocks” of the asserted claims. Microsoft makes several arguments as to why the application of the doctrine of equivalents should be precluded. First, the Defendant relies upon an exception to the doctrine of equivalents; namely, the claim-vitiation doctrine. This doctrine provides that “an element of an accused product or process is not, as a matter of law, equivalent to a limitation of the claimed invention if such a finding would entirely vitiate the limitation.” Freedman Seating Co. v. Am. Seating Co., 420 F.3d 1350, 1358 (Fed.Cir.2005) (citing Warner-Jenkinson Co. v. Hilton Davis Chem. Co., 520 U.S. 17, 29, 117 S.Ct. 1040, 137 L.Ed.2d 146 (1997)). “There is no set formula for determining whether a finding of equivalence would vitiate a claim limitation.... Rather, courts must consider the totality of the circumstances of each case and determine whether the alleged equivalent can be fairly characterized as an insubstantial change from the claimed subject matter without rendering the pertinent limitation meaningless.” Id. at 1359. “Claim vitiation applies when there is a ‘clear, substantial difference or a difference in kind’ between the claim limitation and the accused product.” Trading Techs. Int’l, Inc. v. eSpeed, Inc., 595 F.3d 1340, 1355 (Fed.Cir.2010) (quoting Freedman, 420 F.3d at 1360). “It does not apply when there is a ‘subtle difference in degree.’ ” Id. The purpose of the doctrine is to not allow the recapture of subject matter excluded by a deliberate claim-drafting decision. Planet Bingo, LLC v. GameTech Int’l, Inc., 472 F.3d 1338, 1344 (Fed.Cir.2006). The “doctrine of equivalence cannot be used to erase meaningful structural and functional limitations of the claim on which the public is entitled to rely in avoiding infringement.” Conopco, Inc. v. May Dep’t Stores Co., 46 F.3d 1556, 1562 (Fed.Cir.1994) (internal citation omitted); see, e.g., Tronzo v. Biomet, Inc., 156 F.3d 1154, 1160 (Fed.Cir.1998) (noting that the finding of all shapes to be equivalent structures would entirely vitiate the limitation requiring a “generally conical shape”). “If [the doctrine] were otherwise, then claims would be reduced to functional abstracts, devoid of meaningful structural limitations on whi