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INTERACTIVE GIFT EXPRESS, INC. v. COMPUSERVE INC.

No. 99-1324.

231 F.3d 859 (2000)

INTERACTIVE GIFT EXPRESS, INC. (now known as E-Data, Corp.), Plaintiff-Appellant, v. COMPUSERVE INCORPORATED, and Broderbund Software, Inc. and Intuit, Inc., and Internet Software Inc. (now known as Internet Shopping Network, Inc.), and Softlock Services, Inc., and Telebase Systems, Inc., and The Library Corporation, and Waldenbooks, and Ziff-Davis Publishing Company, Defendants-Appellees, and Apogee Software Limited, and Soft & Net Distribution, S.A., Defendants.

United States Court of Appeals, Federal Circuit.

Decided November 3, 2000.

Attorney(s) appearing for the Case

Albert L. Jacobs, Jr., Graham & James LLP, of New York, New York, argued for plaintiff-appellant. With him on the brief were Daniel A. Ladow, and Philip M. Weiss.

Walter E. Hanley, Jr., Kenyon & Kenyon, of New York, New York, for defendant-appellee, Internet Software, Inc. (now known as Internet Shopping Network, Inc.)

Carl Oppedahl, Oppedahl & Larson, of Dillon, Colorado, for defendant-appellee, Softlock Services, Inc.

Timothy J. O'Hearn, Jones, Day, Reavis, & Pogue, of Cleveland, Ohio, argued for defendant-appellee, CompuServe Incorporated. With him on the brief was David B. Cochran.

Robert Thomas Maldonado, Cooper & Dunham, LLP, of New York, New York, argued for defendant-appellee, Waldenbooks. With him on the brief was Peter David Murray.

George F. Pappas, and James R. Burdett, Venable, Baetjer, Howard & Civiletti, LLP, of Washington, DC, for defendant-appellee The Library Corporation.

Claude M. Stern, Fenwick & West LLP, of Palo Alto, California, argued for defendant-appellees, Broderbund Software, Inc. and Intuit, Inc. With him on the brief were David C. McIntyre, and Susan M. Reid. Of counsel was Marta Y. Beckwith.

Catherine M. McGrath, Brown Raysman, of New York, New York, for defendant-appellee, Ziff-Davis Publishing Company. Of counsel was Louis Greco.

Griffith G. deNoyelles, Jr., Chernofsky & deNoyelles, of New York, New York, for defendant-appellee, Telebase Systems, Inc. (now known as CDnow, Inc.)

Before PLAGER, SCHALL, and LINN, Circuit Judges.

LINN, Circuit Judge.

Interactive Gift Express, Inc. ("IGE"), now known as E-Data, Corp., seeks review of a judgment of non-infringement of U.S. Patent No. 4,528,643 ("Freeny patent") entered by the U.S. District Court for the Southern District of New York on March 12, 1999. Because the district court erred as a matter of law in the construction of each of the five claim terms giving rise to IGE's non-infringement stipulation, we vacate and remand.

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