XEROX CORP. v. 3COM CORP.

No. 00-1464.

267 F.3d 1361 (2001)

XEROX CORPORATION, Plaintiff-Appellant, v. 3COM CORPORATION, U.S. Robotics Corporation, U.S. Robotics Access Corp., and Palm Computing, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided October 5, 2001.


Attorney(s) appearing for the Case

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for plaintiff-appellant. With him on the brief was Thomas H. Jenkins. Of counsel on the brief were R. Bruce Bower, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Atlanta, Georgia. Also of counsel on the brief were Barry J. Kesselman, Xerox Corporation, of Stamford, Connecticut; and James A. Oliff, Edward P. Walker, and Richard E. Rice, Oliff & Berridge, PLC, of Alexandria, Virginia.

Paul H. Berghoff, McDonnell, Boehnen Hulbert & Berghoff, of Chicago, Illinois, argued for defendants-appellees. With him on the brief were Bradley J. Hulbert, James C. Gumina, Christopher M. Cavan, and George I. Lee. Of counsel on the brief were William D. Zahrt, Palm, Inc., of Santa Clara, California; and Steven F. Borsand 3Com Corporation, of Rolling Meadows, Illinois.

Before MAYER, Chief Judge, NEWMAN and CLEVENGER, Circuit Judges.


Opinion for the court filed by Chief Judge MAYER. Concurring opinion filed by Circuit Judge CLEVENGER.

MAYER, Chief Judge.

Xerox Corporation ("Xerox") appeals the judgment of the United States District Court for the Western District of New York granting 3Com Corporation, U.S. Robotics Corporation, U.S. Robotics Access Corporation, and Palm Computing, Inc. (collectively "3Com") summary judgment of non-infringement of United States Patent No. 5...

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