SYMBOL TECHNOLOGIES, INC. v. LEMELSON MEDICAL

No. 00-1583.

277 F.3d 1361 (2002)

SYMBOL TECHNOLOGIES, INC., Accu-Sort Systems, Inc., Intermec Technologies Corporation, Metrologic Instruments, Inc., PSC Inc., Teklogix Corporation, Zebra Technologies Corporation, and Cognex Corporation, Plaintiffs-Appellants, v. LEMELSON MEDICAL, Education & Research Foundation, Limited Partnership, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 24, 2002.


Attorney(s) appearing for the Case

Jesse J. Jenner, Fish & Neave, of New York, New York, argued for plaintiffs-appellants. Of counsel on the brief were Albert E. Fey and Charles Quinn.

Gerald D. Hosier, Law Offices of Gerald D. Hosier, Ltd., of Las Vegas, Nevada, argued for defendant-appellee. On the brief were Louis J. Hoffman, Louis J. Hoffman, P.C., of Scottsdale, Arizona. Of counsel on the brief were Scott L. Nelson, of Washington, DC; and Bruce S. Sperling, Sperling & Slater, of Chicago, Illinois.

George M. Sirilla, Pillsbury Madison & Sutro LLP, of Washington, DC, for amicus curiae National Retail Federation. With him on the brief was David W. Long.

Alan H. Blankenheimer, Brown & Bain, P.A., of Phoenix, Arizona for amici curiae the Semiconductor Industry Association and the National Association of Manufacturers. Of counsel on the brief was Jodi Knobel Feuerhelm. Of counsel were Jan S. Amundson, General Counsel; and Quentin Riegel, Deputy General Counsel, National Association of Manufacturers, of Washington, DC.

Cheryl L. Johnson, Squire, Sanders & Dempsey L.L.P., of Los Angeles, California for amici curiae Uniform Code Council, et al. Of counsel on the brief was Mark C. Dosker, Squire, Sanders & Dempsey L.L.P., of San Francisco, California.

George L. Graff, Paul, Hastings, Janofsky & Walker LLP, of New York, New York, for amicus curiae Intellectual Property Owners Association.

Ronald Abramson, Hughes Hubbard & Reed LLP, of New York, New York, for amicus curiae The Association of the Bar of the City of New York. With him on the brief was Charles E. Miller, Pennie & Edmonds LLP, of New York, New York.

Edward T. Colbert, Kenyon & Kenyon, of Washington, DC, for amicus curiae The Chamber of Commerce of the United States. With him on the brief were Kenneth R. Corsello, and Fred T. Grasso. Of counsel was Stephen A. Bokat, National Chamber Litigation Center, Inc., of Washington, DC.

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


MAYER, Chief Judge.

Symbol Technologies, Inc., Accu-sort Systems, Inc., Intermec Technologies Corporation, Metrologic Instruments, Inc., PSC Inc., Teklogix Corporation, Zebra Technologies Corporation, (collectively "Symbol"), and Cognex Corporation ("Cognex") appeal the judgment of the United States District Court for the District of Nevada dismissing various counts of their complaints for failure to state a claim. Symbol...

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