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HILGRAEVE CORP. v. McAFEE ASSOCIATES, INC.

Nos. 99-1481, 99-1491.

224 F.3d 1349 (2000)

HILGRAEVE CORPORATION, Plaintiff-Appellant, v. McAFEE ASSOCIATES, INC. (now known as Network Associates, Inc.), Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 2, 2000.

Attorney(s) appearing for the Case

Ernie L. Brooks, Brooks & Kushman P.C., of Southfield, Michigan, argued for plaintiff-appellant. With him on the brief were Robert C.J. Tuttle, Thomas A. Lewry, and Frank A. Angileri.

Michael Barclay, Wilson Sonsini Goodrich & Rosati, of Palo Alto, California, argued for defendant-appellee. With him on the brief were Peter P. Chen, David L. Larson, David L. Larson, Colleen Bal, and Behrooz Shariati. Of counsel on the brief was R. Terrance Rader, Rader, Fishman & Grauer PLLC, of Boomfield Hills, Michigan.

Before MICHEL, LOURIE, and RADER, Circuit Judges.

RADER, Circuit Judge.

On summary judgment, the United States District Court for the Eastern District of Michigan determined that the VirusScan product of McAfee Associates, Inc. (MC)* does not literally infringe Hilgraeve Corporation's U.S. Patent No. 5,319,776 (the '776 patent). See Hilgraeve Corp. v. McAfee Assocs., Inc., 70 F.Supp.2d 738 (E.D.Mich.1999). The district court also estopped...

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