WIAV SOLUTIONS LLC v. MOTOROLA, INC.

No. 2010-1266.

631 F.3d 1257 (2010)

WIAV SOLUTIONS LLC, Plaintiff-Appellant, v. MOTOROLA, INC., Defendant-Appellee, and Nokia Corporation and Nokia Inc., Defendants-Appellees, and Palm, Inc., Defendant-Appellee, and Mindspeed Technologies, Inc., Defendant-Appellee, and Sony Ericsson Mobile Communications AB and Sony Ericsson Mobile Communications (USA), Inc., Defendants-Appellees, and Personal Communications Devices LLC and Personal Communications Devices Holdings, LLC, and UTStarcom, Inc., Defendants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied February 4, 2011.

Rehearing and Rehearing En Banc Denied February 24, 2011.


Attorney(s) appearing for the Case

J. Michael Jakes , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were E. Robert Yoches ; Christopher Schultz , of Cambridge, MA; Scott A. Herbst and Lily Lim , of Palo Alto, CA.

Joseph E. Thomas , Thomas Whitelaw & Tyler LLP, of Irvine, CA, for defendant-appellee Mindspeed Technologies, Inc. With him on the brief for Mindspeed was Kerri A. Rich .

William K. West, Jr. , Howrey LLP, of Washington, DC, argued for all defendants-appellees. With him on the brief for Motorola, Inc., were Gregory J. Commins, Jr. , and Andrew R. Sommer , of Washington, DC; and Jonathan E. Retsky , of Chicago, IL. On the brief for Nokia Corporation et al., were Frank G. Smith, III , Siraj M. Abhyankar , John D. Haynes and Ryan W. Koppelman , of Alston & Bird LLP, of Atlanta, GA. On the brief for Sony Ericsson Mobile Communications AB et al. were Kevin P.B. Johnson , Quinn Emanuel Urquhart Oliver & Hedges LLP, of Redwood Shores, CA, and Eric Huang , of New York, NY. On the brief for UTStarcom, Inc. was Dana D. McDaniel . On the brief for Palm, Inc., were Robert M. Tyler and John Lee Newby, II , McGuire Woods LLP, of Richmond, VA. On the brief for Personal Communications Devices LLC et al. were Thomas R. Desimone , Gibbons P.C., of New York, NY, and Andrew M. Grodin , of Newark, NJ.

Before RADER, Chief Judge, LINN and DYK, Circuit Judges.


LINN, Circuit Judge.

WiAV Solutions LLC ("WiAV") is the owner of United States Patent No. 6,539,205 ("the '205 Patent") and No. 6,680,920 ("the '920 Patent") and the purported exclusive licensee in a specific field of use of the following seven patents owned by Mindspeed Technologies, Inc. ("Mindspeed"): United States Patent No. 6,104,992; No. 6,256,606; No. 6,385,573 ("the '573 Patent"); No. 6,507,814; No. 6,633,841; No. 7,120,578; and No. 7,266,493 ("the '493 Patent...

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