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AUTOMATED BUSINESS COMPANIES v. NEC AMERICA

No. 99-1316.

202 F.3d 1353 (2000)

AUTOMATED BUSINESS COMPANIES, INC., Plaintiff-Appellant, v. NEC AMERICA, INC., Defendant-Appellee, and Tandy Corporation, Defendant.

United States Court of Appeals, Federal Circuit.

January 28, 2000.

Attorney(s) appearing for the Case

David Fink, of Houston, Texas, argued for plaintiff-appellant. With him on the brief was Timothy W. Johnson.

Kathi A. Cover, Sidley & Austin, of Dallas, Texas, argued for defendant-appellee. With her on the brief was Dale B. Nixon.

Before MICHEL, PLAGER, and BRYSON, Circuit Judges.

PLAGER, Circuit Judge.

Automated Business Companies, Inc. ("ABC") sued NEC America, Inc. ("NEC America") for patent infringement in the United States District Court for the Northern District of Texas. After summary judgment of non-infringement was granted, NEC America moved to sanction ABC. The district court awarded attorney fees to NEC America pursuant to 35 U.S.C § 285. See Automated Bus. Co. v. NEC Am., Inc., No. 4:98-CV-619-A (N.D.Tex. Feb. 8, 1999...

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