NETSCAPE COMMUNICATIONS CORP. v. KONRAD

No. 01-1455.

295 F.3d 1315 (2002)

NETSCAPE COMMUNICATIONS CORPORATION, Plaintiff/Counterclaim Defendant-Appellee, and Microsoft Corporation, Plaintiff/Counterclaim Defendant-Appellee, and America Online, Inc., Counterclaim Defendant-Appellee, v. Allan M. KONRAD, Defendant/Counterclaimant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied August 2, 2002.


Attorney(s) appearing for the Case

John D. Vandenberg, Klarquist Sparkman, LLP, of Portland, OR, argued for plaintiff/counterclaim defendant-appellee, Microsoft Corporation. With him on the brief was Kristin L. Cleveland. Of counsel on the brief were Charles K. Verhoeven, and Jennifer K. Hartog, Quinn Emanuel Urquhart Oliver & Hedges, LLP, of San Francisco, CA, for plaintiff/counterclaim defendant-appellee, Netscape Communications Corporation, and counterclaim defendant-appellee, America Online, Inc. Of counsel was T. Andrew Culbert, Microsoft Corporation, of Redmond, Washington.

Susan Marie Spaeth, Townsend and Townsend, of Palo Alto, CA, argued for defendant/counterclaimant-appellant. On the brief were Scott R. Campbell, and Oriet Cohen Supple, Zelle, Hofmann, Voelbel, Mason & Gette, L.L.P., of San Francisco, CA; and William D. Cramer, Richard G. Urquhart, and Brett A. Wallingford, Zelle, Hofmann, Voelbel, Mason & Gette, L.L.P., of Dallas, TX.

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


MAYER, Chief Judge.

Allan M. Konrad appeals from the judgment of the United States District Court for the Northern District of California granting Netscape Communications Corp., Microsoft Corp., and America Online, Inc. ("Netscape") summary judgment that U.S. Patent Nos. 5,544,320 (the "'320 patent"), 5,696,901 (the "'901 patent"), and 5,974,444 (the "'444 patent") are invalid under the public use and on-sale bars of 35 U.S.C. § 102(b). Netscape Communications...

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