CONVOLVE, INC. v. COMPAQ COMPUTER CORP.

No. 2014-1732.

812 F.3d 1313 (2016)

CONVOLVE, INC., Plaintiff-Appellant The Massachusetts Institute of Technology, Plaintiff v. COMPAQ COMPUTER CORP., Defendant-Appellee Seagate Technology, Inc., Defendant Seagate Technology, LLC, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 10, 2016.


Attorney(s) appearing for the Case

John Thomas Moehringer , Cadwalader, Wickersham & Taft LLP, New York, NY, argued for plaintiff appellant. Also represented by Gregory A. Markel, Kevin J. McNamee, Robert Macaulay Pollaro.

Christopher Landgraff , Bartlit Beck Herman Palenchar & Scott LLP, Chicago, IL, argued for defendant-appellee Compaq Computer Corp. Also represented by Mark Ferguson, Christopher R. Hagale.

Carter Glasgow Phillips , Sidley Austin LLP, Washington, DC, argued for defendant-appellee Seagate Technology, LLC. Also represented by Erika Maley; Robert N. Hochman, Chicago, IL; Eric W. Hagen, McDermott, Will & Emery LLP, Los Angeles, CA.

Before DYK, TARANTO, and HUGHES, Circuit Judges.


This case returns to us after a remand to the Southern District of New York. In the first appeal, we reversed the district court's summary judgment ruling that no accused products met the patent's "selected unwanted frequencies" limitation and remanded for further proceedings. On remand, the district court granted summary...

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