DSC COMMUNICATIONS CORP. v. PULSE COMMUNICATIONS

Nos. 98-1024, 98-1031.

170 F.3d 1354 (1999)

DSC COMMUNICATIONS CORPORATION, Plaintiff-Appellant, v. PULSE COMMUNICATIONS, INC., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

March 11, 1999.


Attorney(s) appearing for the Case

Ruffin B. Cordell, Fish & Richardson P.C., Washington, DC, argued for plaintiff-appellant. With him on the brief were John M. Skenyon, Francis X. Gindhart, Linda Liu Kordziel, and Michael J. McKeon. Of counsel on the brief were Thomas M. Melsheimer, P.C., Lynn Stodghill Melsheimer & Tillotson L.L.P., Dallas, Texas; and Jon A. Baumgarten, Proskauer Rose, L.L.P., Washington, DC.

David R. Francescani, Darby & Darby, P.C., New York, New York, argued for defendant-cross appellant. With him on the brief were Joseph B. Lerch, Eric A. Prager, Maryann V. Hayes, and Benjamin Levi. Of counsel on the brief were Jonathan T. Cain and Mary Catherine Zinser, Mays & Valentine, LLP, McLean, Virginia; and Professor Raymond T. Nimmer, University of Houston Law Center, Houston, Texas. Of counsel were William F. Dudine, Jr., Martin E. Goldstein, Kandis M. Kahn, and Daniel R. Schechter, of Darby & Darby, P.C.

Before MAYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, and BRYSON, Circuit Judge.


BRYSON, Circuit Judge.

DSC Communications Corporation (DSC) and Pulse Communications, Inc., (Pulsecom) make products for the telephone industry and compete for the business of the Regional Bell Operating Companies, more commonly known as the "RBOCs." Competition between the two parties led to this litigation over certain products that the two produce for use in commercial telephone systems.

DSC struck first, filing an action in the United States District Court...

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