PHONOMETRICS, INC. Plaintiff-Appellant,
v.
HOSPITALITY FRANCHISE SYSTEMS, INC., (now known as Cendant Corporation) Defendant-Appellee, and
Motel 6, L.P., and Vagabond Inns, Inc., Defendants-Appellees, and
Interstate Hotels Corporation, Defendant-Appellee, and
Aston Hotels and Resorts, Defendant-Appellee, and
Fairmont Hotel Management Company, Defendant-Appellee, and
Clubhouse Inns of America, Defendant-Appellee, and
Economy Inns of America, Defendant-Appellee, and
Amfac Resorts, Defendant-Appellee, and
Benchmark Hospitality, Defendant-Appellee, and
Chase Management Corporation, Defendant-Appellee, and
Outrigger Lodging Services, Defendant-Appellee, and
Colony Hotels & Resorts (now known as RHI Hotels, Inc.), and Red Lion Hotels & Inns, Defendants-Appellees, and
Park Lane Hotels International, Defendant-Appellee, and
SRS Hotels, Four Seasons Hotels, Westcoast Hotels, Nikko Hotels, International, EZ-8 Motel, Inc., Nendels Corporation, Summerfield Suites Hotels, Grosvenor Hotels Group, Pan Pacific Hotels and Resorts, Ana Hotels International, Inncal, Inc., Raphael Hotel Group, Coastal Hotel Group, and Andrew Hotel Management Company, Defendants.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
February 9, 2000.
February 9, 2000.
Attorney(s) appearing for the Case
John P. Sutton, Bryan, Hinshaw & Barnet, of San Francisco, California, argued for plaintiff-appellant.
Donald S. Showalter, Holland & Knight, LLP, of Ft. Lauderdale, Florida, of counsel for Clubhouse Inns of America, argued for all defendants-appellees. On the brief were J. Bruce McCubbrey, and Gary L. Benton, Coudert Brothers, of San Francisco, California for Red Lion Hotels & Inns and RHI Hotels, Inc.; Leslie J. Lott, Lott & Friedland, P.A., of Coral Gables, Florida, for Aston Hotels & Resorts; Richard M. Blau, Holland & Knight LLP, of Tampa, Florida, for Clubhouse Inns of America; Nathan Lane, III, Graham & James, LLP, of San Francisco, California, for Interstate Hotels Corporation; Jonathan R. Bass, Coblentz, Patch, Duffy and Bass, LLP, of San Francisco, California, for Fairmont Hotel Management Company; Shauna Weeks, Arnold & Porter, of Los Angeles, California, for Economy Inns of America; C. Hopkins Guy, III, Orrick, Herrington & Sutcliffe, of Menlo Park, California, for Hospitality Franchise Systems, Inc. (now known as Cendant Corporation); Noemi C. Espinosa, Brobeck, Phleger & Harrison, of Palo Alto, California, for Chase Management Corporation; Stephen Kaus, Cooper, White & Cooper, of San Francisco, California, for Park Lane Hotels International; David E. Bergquist, Hillyer & Irvin, of San Diego, California, for Benchmark Hospitality; William E. Crockett, Greenberg & Bass, of Encino, California, for Outrigger Lodging Services. Not on the brief, representing AMFAC Resorts was Frederick Brown, Orrick, Herrington & Sutcliffe, of San Francisco, California. Of counsel for RHI Hotels Inc. were Jeffrey G. Benz and Eric N. Hoover, Coudert Brothers, of San Francisco, California; of counsel for Aston Hotels and Resorts was David K. Friedland, Lott & Friedland, P.A., of Coral Gables, Florida.
Before RADER, Circuit Judge, SKELTON, and ARCHER, Senior Circuit Judges.
United States Court of Appeals, Federal Circuit.
PER CURIAM.
The United States District Court for the Southern District of Florida dismissed the patent infringement claims of Phonometrics, Inc. (Phonometrics) against Hospitality Franchise Systems, Inc. and the other hotel operators (collectively, Hotels) under Fed.R.Civ.P. 12(b)(6). Because Phonometrics' complaint met the liberal pleading requirements of Rule 12(b)(6), this court reverses and remands.
I.
Phonometrics is the owner of United States...
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