Nos. 00-1373, 00-1374.

265 F.3d 1336 (2001)

HILGRAEVE CORPORATION, Plaintiff-Appellant, v. SYMANTEC CORPORATION, Defendant-Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied November 6, 2001.

Attorney(s) appearing for the Case

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

Martin C. Fliesler, Fliesler Dubb Meyer & Lovejoy LLP, of San Francisco, CA, argued for defendant-cross appellant. With him on the brief were Burt Magen, and Sarah Barone Schwartz. Of counsel was Dennis J. Levasseur, Bodman Longley & Dahling LLP, of Detroit, MI.

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

Rehearing and Rehearing En Banc Denied November 6, 2001.

DYK, Circuit Judge.

Hilgraeve Corp. ("Hilgraeve") appeals from the decision of the United States District Court for the Eastern District of Michigan granting the motion of Symantec Corp. ("Symantec") for summary judgment of non-infringement for U.S. Patent No. 5,319,776 ("'776 patent"). Hilgraeve Corp. v. Symantec Corp., 90 F.Supp.2d 850 (E.D.Mich.2000...

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