Second, the defendant did not show that the claims it was accused of infringing were licensed to and used by the purchasers of patented equipment. The patent claims in that case had been drafted so that one set of claims covered sending Internet stories to smartphones and a different set covered receiving stories. The defendant was accused of infringing the first set, but the smartphone purchasers and the licensed smartphone manufacturers who sold to them used the second set. The court said that the defendant had not shown that the licensed claims embodied substantially the same invention as the patent claims under which the defendant was sued, so that the exhaustion doctrine did not apply. This is a ruling that the exhaustion doctrine does not apply in these circumstances rather than a ruling on standing.