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BRITISH TELECOMMS. PLC v. PRODIGY COMMUNS. CORP.

No. 00 CIV 9451 CM.

189 F.Supp.2d 101 (2002)

BRITISH TELECOMMUNICATIONS PLC, Plaintiffs, v. PRODIGY COMMUNICATIONS CORPORATION, Defendants

United States District Court, S.D. New York.

March 13, 2002.

Attorney(s) appearing for the Case

Albert J. Breneisen, Benjamin Hershkowitz, Robert F. Perry, Edward J. Handler, Kenyon & Kenyon, New York, NY, for British Telecommunications PLC.

James I. Serota, Vinson & Elkins L.L.P., New York, NY, Willem G. Schuurman, Andrew G. DiNovo, David B. Weaver, Avelyn Ross, David E. Killough, Vinson & Elkins, LLP, Austin, TX, for Prodigy Communications Corp.

DECISION AND ORDER

OPINION AND ORDER FOLLOWING MARKMAN HEARING

MCMAHON, District Judge.

On December 13, 2000, British Telecommunications ("BT") filed suit against Prodigy Communications Corporation ("Prodigy") for infringement of the Sargent patent, U.S. Patent No. 4,873,662 (issued October 10, 1989) ("the '662 patent"). Prodigy answered, asserting the defenses of non-infringement and invalidity...

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