No. 02-1232.

329 F.3d 823 (2003)

STORAGE TECHNOLOGY CORPORATION, Plaintiff/Third Party Plaintiff-Appellant, v. CISCO SYSTEMS, INC. and Cisco Technology, Inc., Defendants-Appellees, and Level One Communications, Inc., Third Party Defendant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied June 23, 2003.

Attorney(s) appearing for the Case

Ernie L. Brooks, Brooks & Kushman, P.C., of Southfield, MI, argued for plaintiff-third party plaintiff-appellant. With him on the brief was Thomas A. Lewry.

Matthew D. Powers, Weil, Gotshal & Manges LLP, of Redwood Shores, CA, argued for defendants-appellees. With him on the brief was Edward R. Reines. Of counsel was Sarkis Beudjekian.

Before SCHALL, Circuit Judge, PLAGER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

PLAGER, Senior Circuit Judge.

Storage Technology Corporation (StorageTek) owns U.S. Patent Nos. 5,842,040 and 5,566,170, both relating to data communication networks. StorageTek filed a patent infringement action in the United States District Court for the Western District of Wisconsin against Cisco Systems, Inc. and Cisco Technology, Inc. (collectively, Cisco) alleging infringement of both patents. After the case was transferred...

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