APPLE INC. and Next Software, Inc. (formerly known as Next Computer, Inc.), Plaintiffs-Appellants,
v.
MOTOROLA, INC. (now known as Motorola Solutions, Inc.) and Motorola Mobility, Inc., Defendants-Cross Appellants.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
Joel Davidow, Cuneo , Gilbert & LaDuca, LLP, of Washington, DC, for amicus curiae ae The American Antitrust Institute. With him on the brief was Robert J. Cynkar.
Charles W. Shifley , Banner & Witcoff, Ltd., of Chicago, IL, for amicus curiae The Intellectual Property Law Association of Chicago.
Richard M. Brunell , Senior Advisor for competition matters, United States Federal Trade Commission, of Washington, DC, for amicus curiae United States Federal Trade Commission. With him on the brief were David C. Shonka , Acting General Counsel, William Cohen , Deputy General Counsel, William F. Adkinson, Jr. , Attorney and Suzanne Munck af Rosenchold, Chief Counsel for Intellectual Property.
Peter M. Lancaster , Dorsey & Whitney LLP, of Minneapolis, MN, for amicus curiae The Institute of Electrical and Electronics Engineers, Incorporated. With him on the brief were Michael A. Lindsay , of Minneapolis, MN, and Eileen M. Lach , General Counsel and Chief Compliance Officer IEEE, of New York, NY.
Paul D. Clement , Brancroft PLLC, of Washington, DC, for amici curiae Verizon Communications Inc., et al. With him on the brief was D. Zachary Hudson.
Tina M. Chappell , Director of Intellectual Property Policy, Intel Corporation, of Chandler, AZ, for amicus curiae Intel Corporation. With her on the brief were Thomas G. Hunger and Matthew D. McGill , Gibson, Dunn & Crutcher LLP, of Washington, DC.
Opinion concurring in part and dissenting in part filed by Circuit Judge PROST.
United States Court of Appeals, Federal Circuit.
REYNA, Circuit Judge.
Plaintiffs Apple Inc. and Next Software, Inc. ("Apple") filed a complaint against Defendants Motorola, Inc. and Motorola Mobility, Inc. ("Motorola") on October 29, 2010 in the United States District Court for the Western District of Wisconsin, asserting infringement of three patents. Motorola counterclaimed, asserting six of its own patents. Apple amended its complaint to include an additional twelve patents. Both parties also sought declaratory...
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