BMC RESOURCES, INC. v. PAYMENTECH, L.P.

No. 2006-1503.

498 F.3d 1373 (2007)

BMC RESOURCES, INC., Plaintiff-Appellant, v. PAYMENTECH, L.P., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 20, 2007.


Attorney(s) appearing for the Case

Christopher R. Benson, Fulbright & Jaworski L.L.P., of Austin, TX, argued for plaintiff-appellant. With him on the brief were Jeffrey D. Mills; J. Jeffery Richardson, of Dallas, TX. Of counsel was Michael R. Krawzsenek, of Austin, TX.

John M. Cone, Hitchcock Evert, LLP, of Dallas, TX, argued for defendant-appellee.

Daralyn J. Durie, Keker & Van Nest LLP, of San Francisco, CA, for amicus curiae, Comcast Cable Communications LLC. With him on the brief were Mark A. Lemley and Matthias A. Kamber.

John Kenneth Felter, Goodwin Procter LLP, of Boston, MA, for amicus curiae, Freedom Wireless, Inc. With him on the brief was Kevin P. Martin.

Before RADER, GAJARSA, and PROST, Circuit Judges.


RADER, Circuit Judge.

BMC Resources, Inc. (BMC) appeals the district court's decision on summary judgment that Paymentech, L.P. (Paymentech) does not infringe asserted claims from two patents owned by BMC. The court determined that Paymentech had not infringed the claims because it performed some but not all of the steps of the asserted method claims. Because the record contains no basis to hold Paymentech vicariously responsible for the actions of the unrelated parties...

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