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TECHNOLOGY LICENSING CORP. v. VIDEOTEK, INC.

Nos. 2007-1441, 2007-1463.

545 F.3d 1316 (2008)

TECHNOLOGY LICENSING CORPORATION, Plaintiff-Appellant, v. VIDEOTEK, INC., Defendant, and Gennum Corporation, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

October 10, 2008.

Attorney(s) appearing for the Case

Timothy J. Vezeau, Katten Muchin Rosenman LLP, of Chicago, IL, argued for plaintiff-appellant. With him on the brief were Michael A. Dorfman, Rachel M. Vorbeck, and James A. Gromada, of Washington, DC.

J. Donald McCarthy, Duane Morris LLP, of Los Angeles, CA, argued for defendant-cross appellant. With him on the brief were Todd R. Miller, Jones Day, of Los Angeles, CA, and Gregory A. Castanias, of Washington, DC.

Before NEWMAN, PLAGER, and SCHALL, Circuit Judges.

PLAGER, Circuit Judge.

This is a patent case. It is not unusual for a patent case on appeal to turn more on a question of law or legal procedure than on the complexities of the particular technology that underlies the dispute. This is not such a case. This case has both legal issues and technical issues in roughly equal measure. There is, among other issues, a complex, though ultimately not difficult, question of allocation of the burdens of proof between the patentee...

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