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ALTIRIS, INC. v. SYMANTEC CORP.

Nos. 02-1137, 02-1138.

318 F.3d 1363 (2003)

ALTIRIS, INC., Plaintiff-Appellant, v. SYMANTEC CORP., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied March 10, 2003.

Attorney(s) appearing for the Case

C. Kevin Speirs, Parsons Behle & Latimer, of Salt Lake City, UT, argued for plaintiff-appellant.

Robert T. Haslam, Heller Ehrman White & McAuliffe LLP, of Menlo Park, CA, argued for defendant-cross appellant. With him on the brief were Robert D. Fram and Sarah Elizabeth Mitchell, Heller Ehrman White & McAuliffe LLP, of San Francisco, CA.

Before MICHEL, LOURIE, and LINN, Circuit Judges.

MICHEL, Circuit Judge.

Plaintiff-appellant Altiris, Inc. ("Altiris") appeals the grant on October 9, 2001 of summary judgment of noninfringement of Altiris' United States Patent No. 5,764,593 ("the '593 Patent") by the United States District Court for the District of Utah. Altiris, Inc. v. Symantec Corp., No. 2:99CV 0013K (D.Utah Oct. 9, 2001). Because the trial court erred in the construction of each of the five claim limitations giving rise to the grant of...

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