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ULEAD SYSTEMS v. LEX COMPUTER & MANAGEMENT CORP.

Nos. 01-1320, 01-1402, 01-1448.

351 F.3d 1139 (2003)

ULEAD SYSTEMS, INC. (a California Corporation), Plaintiff-Cross Appellant, and Ulead Systems, Inc. (a Taiwan Corporation), Cross Defendant-Cross Appellant, v. LEX COMPUTER & MANAGEMENT CORP., Defendant/Cross Claimant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided December 9, 2003.

Attorney(s) appearing for the Case

Kenneth L. Wilton, Small Larkin, LLP, of Los Angeles, California, argued for plaintiff-cross appellant and cross defendant-cross appellant. With him on the brief were Jon E. Hokanson and Jill S. Schwartz.

William J. Brutocao, Sheldon & Mak, of Pasadena, California, argued for defendant/cross claimant-appellant. With him on the brief was Jeffrey G. Sheldon.

Before NEWMAN, DYK and PROST, Circuit Judges.

Opinion for the court filed by Circuit Judge DYK. Concurring in part and dissenting in part opinion filed by Judge NEWMAN.

DYK, Circuit Judge.

Lex Computer & Management Corp. ("Lex") appeals the decision of the United States District Court for the Central District of California, granting summary judgment that United States Patent No. 4,538,188 ("the '188 patent") is unenforceable and expired because Lex falsely claimed status (and paid maintenance fees...

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