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NETWORK SIGNATURES, INC. v. STATE FARM MUT. AUTO.

No. 2012-1492.

731 F.3d 1239 (2013)

NETWORK SIGNATURES, INC., Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 24, 2013.

Attorney(s) appearing for the Case

Peter R. Afrasiabi , One LLP, of Newport Beach, CA, argued for plaintiff-appellant. With him on the brief was Nathaniel L. Dilger.

Ashley C. Parrish , King & Spalding, LLP, of Washington, DC, argued for defendant-appellee. With him on the brief were R. William Beard, Jr. and Truman H. Fenton , of Austin, TX; and Adam M. Conrad of Charlotte, North Carolina. Of counsel was Daryl L. Joseffer , of Washington, DC.

Howard S. Scher , Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for amicus curiae. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, and Scott R. McIntosh , Attorney.

Dissenting opinion filed by Circuit Judge CLEVENGER.

NEWMAN, Circuit Judge.

U.S. Patent No. 5,511,122 (the '122 patent), entitled "Intermediate Network Authentication," pertains to internet security, and is assigned to the United States of America represented by the Secretary of the Navy. The technology was developed by a scientist at the Naval Research Laboratory (NRL). The NRL permitted the patent to lapse for nonpayment of the 7.5-year maintenance fee. Two weeks after the lapse became effective, the NRL received...

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