GOLDEN HOUR DATA SYSTEMS, INC. v. EMSCHARTS, INC.

Nos. 2009-1306, 2009-1396.

614 F.3d 1367 (2010)

GOLDEN HOUR DATA SYSTEMS, INC., Plaintiff-Appellant, v. EMSCHARTS, INC., Defendant-Cross Appellant, and Softtech, LLC, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 9, 2010.


Attorney(s) appearing for the Case

Carter G. Phillips, Sidley Austin LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Eric A. Shumsky and Rachel H. Townsend; and Tacy F. Flint, of Chicago, IL. Of counsel was Pankaj Venugopal, of Washington, DC.

Eric H. Weisblatt, Wiley Rein LLP, of Washington, DC, argued for defendant-cross appellant and defendant-appellee. With him on the brief was Susan M. Dadio, Buchanan Ingersoll & Rooney PC, of Alexandria, VI. Of counsel was Martin A. Bruehs. Eric H. Findlay and Roger Brian Craft, Findlay Craft LLP, of Tyler, TX, for defendant-appellee.

Before NEWMAN, FRIEDMAN, and DYK, Circuit Judges.


DYK, Circuit Judge.

Golden Hour Data Systems, Inc. ("Golden Hour") appeals from a judgment of the United States District Court for the Eastern District of Texas. After trial, a jury rendered a verdict of infringement of various claims of United States Patent No. 6,117,073 ("the '073 patent") in favor of Golden Hour against defendants emsCharts, Inc. ("emsCharts") and Softtech, LLC ("Softtech"). However, the district court subsequently granted Judgment as a Matter...

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