LANS v. DIGITAL EQUIPMENT CORP.

Nos. 00-1144, -1145, -1146, -1147, -1150, -1151, -1152, -1153 -1358, -1359, -1360, -1361, -1362, -1363, -1364, -1365, 00-1556.

252 F.3d 1320 (2001)

Hakan Lans, Plaintiff-Appellant, v. Digital Equipment Corporation, and Gateway 2000, Inc., and Dell Computer Corporation, and Compaq Computer Corporation, and Hewlett-Packard Company, and Packard Bell NEC, Inc., and Acer America Corp., and AST Research, Inc., Defendants-Appellees. Uniboard Aktiebolag, Plaintiff-Appellant, v. Acer America Corp., and Ast Research, Inc., Compaq Computer Corporation, and Digital Equipment Corporation, and Dell Computer Corporation, and Gateway 2000, Inc., and Hewlett-Packard Company, and Packard Bell Nec, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

DECIDED June 4, 2001.


Attorney(s) appearing for the Case

Louis S. Mastriani, Adduci, Mastriani, & Schaumberg, L.L.P., of Washington, DC, argued for plaintiffs-appellants Hakan Lans in 00-1144 and 00-1358 and for Uniboard Aktiebolag in 00-1556. With him on the brief were Tom M. Schaumberg, Steven E. Adkins, and Adam F. Bobrow.

Gary H. Ritchey, Cooley Godward LLP, of Palo Alto, CA, argued for defendants-appellees in 00-1144 and 00-1556, and Andrew P. Valentine, Gray Cary Ware & Freidenrich LLP, of San Diego, CA, argued for defendants-appellees in 00-1358. With them on the briefs of the defendants-appellees were Martin L. Lagod and Lori R.E. Ploeger, Cooley Godward LLP, for Gateway 2000 Inc. Of counsel for Gateway in 00-1556 was Stephen P. Swinton. Also on the briefs were: Henry A. Petri, Jr., Howrey Simon Arnold & White, LLP, of Houston, TX, for Compaq Computer, Digital Equipment Corporation, and AST Research, Inc.; Scott F. Partridge and Mitchell D. Lukin, Baker Botts L.L.P., of Houston, TX, Robert W. Holland, of Austin, TX, and David A. Super, of Washington, DC, for Dell Computer Corporation; John Allcock and John E. Giust, Gray Cary Ware & Freidenrich LLP, of San Diego, CA, for Hewlett-Packard Company in 00-1144, 00-1358 and 00-1556. On the brief for Hewlett-Packard Company in 00-1358 was Matthew C. Bernstein, and in 00-1556 was Mary A. Lehman, Gray Cary Ware & Freidenrich LLP. Of counsel for Hewlett-Packard Company in 00-1144 was Scott L. Robertson, Hunton & Williams, of Washington, DC. Joseph B. Tompkins, Jr. and Christine Liverzani Prame, Sidley & Austin, of Washington, DC, V. Bryan Medlock, Jr., of Dallas, TX, and Douglas I. Lewis, of Chicago, IL, for Packard Bell NEC, Inc.; Roger L. Cook, Mark L. Pettinari, and James W. Soong, Townsend & Townsend & Crew, LLP, of San Francisco, CA, and Robert A. Molan, Nixon & Vanderhye, of Arlington, VA, for Acer America Corporation.

Before RADER, Circuit Judge, PLAGER, Senior Circuit Judge, and SCHALL, Circuit Judge.


RADER, Circuit Judge.

This opinion addresses three separate but related appeals. First, on a motion for summary judgment, the United States District Court for the District of Columbia determined that Mr. Hkan Lans lacked standing to sue Digital Equipment Corporation, Gateway 2000, Inc., Dell Computer Corporation, Compaq Computer Corporation, Hewlett-Packard Company, Packard Bell NEC, Inc., Acer America Corporation, and AST Research, Inc. (collectively, the Computer...

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