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INNOVAD INC. v. MICROSOFT CORP.

No. 00-1459.

260 F.3d 1326 (2001)

INNOVAD INC., Plaintiff-Appellant, v. MICROSOFT CORPORATION, and Psion Incorporated, and Apple Computer, Inc., Defendants Appellees, and The Ericsson Corporation (doing business as Ericsson Technical Services, Inc.), Hewlett-Packard Company, Philips Electronics North America Corporation, Everex Systems, Inc., Sony Electronics, Inc., LG Electronics U.S.A. Inc., and Odyssey Computing Incorporated, Defendants.

United States Court of Appeals, Federal Circuit.

Decided August 6, 2001.

Attorney(s) appearing for the Case

Edward W. Goldstein, Goldstein & Healey, L.L.P., of Houston, Texas, argued or plaintiff-appellant. Of counsel were John T. Polasek, Golstein & Healey; and Jonathan T. Suder, Friedman, Young, Suder & Cooke, of Fort Worth, Texas.

James P. Bradley, Sidley & Austin, of Dallas, Texas, argued for defendant-appellee Psion Incorporated. With him on the brief was William D. McSpadden.

Wayne M. Harding, Brobeck, Phleger & Harrison LLP, of Austin, Texas, for defendant-appellee Apple Computer, Inc.

Kristin L. Cleveland, Klarquist Sparkman Campbell Leigh & Whinston, LLP, of Portland, Oregon, argued for defendant-appellee Microsoft Corporation. With her on the brief was John D. Vandenberg. Of counsel was T. Andrew Culbert, Microsoft Corporation, of Redmond, Washington.

Before MAYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

RADER, Circuit Judge.

On summary judgment, the United States District Court for the Northern District of Texas determined that Microsoft Corp., Psion Incorporated, and Apple Computer, Inc. (among others) did not infringe, either literally or by equivalents, claim 22 of Innovad, Inc.'s U.S. Patent No. 4,882,750 (the '750 patent). Because claim 22 does not cover any dialer units with a keypad and the accused devices include keypads, this court affirms.

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