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VANGUARD RESEARCH, INC. v. PEAT, INC.

No. 01-1373.

304 F.3d 1249 (2002)

VANGUARD RESEARCH, INC., Plaintiff-Appellant, v. PEAT, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: September 9, 2002.

Attorney(s) appearing for the Case

W. Michael Holm, Womble Caryle Sandridge & Rice, PLLC, of McLean, VA, argued for plaintiff-appellant. With him on the brief was Steven D. Kerr. Of counsel on the brief were Gary C. Huckaby, Bradley Arant Rose & White LLP, of Huntsville, AL; and Thomas R. Folk, Reed Smith Hazel & Thomas LLP, of Falls Church, VA.

Benjamin H. Albritton, Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., of Montgomery, AL, argued for defendant-appellee. Of counsel was J. Mark Englehart.

Before NEWMAN, CLEVENGER and LINN, Circuit Judges.

LINN, Circuit Judge.

Vanguard Research, Inc. ("Vanguard") appeals a final judgment from the United States District Court for the Northern District of Alabama dismissing with prejudice Vanguard's declaratory judgment action alleging noninfringement, invalidity, and unenforceability of United States Patent No. 5,534,659 ("the `659 patent") owned by the defendant, PEAT, Inc., for lack of jurisdiction, ordering that Vanguard pay costs, and awarding PEAT its attorneys...

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