SUPERGUIDE CORPORATION, Plaintiff-Appellant,
v.
DIRECTV ENTERPRISES, INC., DirecTV, Inc., DirecTV Operations, Inc., and Hughes Electronics Corporation, Defendants/Third Party Plaintiffs-Appellees, and
Thomson Consumer Electronics, Inc., Defendant/Third Party Plaintiff-Cross Appellant, and
Echostar Communications Corporation, Echostar Satellite Corporation, and Echostar Technologies Corporation, Defendants/Third Party Plaintiffs-Appellees,
v.
Gemstar Development Corporation, Third Party Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
DECIDED: February 12, 2004.
DECIDED: February 12, 2004.
Attorney(s) appearing for the Case
John J. Barnhardt, III, Alston & Bird LLP, of Charlotte, NC, argued for plaintiff-appellant SuperGuide Corporation. Of counsel on the brief were A. Ward McKeithen and Everett J. Bowman, Robinson, Bradshaw & Hinson, P.A., of Charlotte, NC. Of counsel was John A. Wasleff, Alston & Bird.
Victor G. Savikas, Jones, Day, Reavis & Pogue, of Los Angeles, CA, argued for defendants/third party plaintiffs-appellees DirecTV Enterprises, Inc., et al. With him on the brief were Gregory A. Castanias, of Washington, DC; and Kevin G. McBride, of Los Angeles, CA. Of counsel were Elizabeth J. Hoult, of Washington, DC; and Michael John Newton, of Dallas, TX.
John P. Corrado, Morrison & Foerster LLP, of McLean, VA, argued for defendant/third party plaintiff-cross appellant Thomson Consumer Electronics, Inc. With him on the brief were Peter J. Davis and Charles C. Carson, of McLean, VA; and Harold J. McElhinny, of San Francisco, CA.
Lawrence K. Nodine, Needle & Rosenberg, P.C., of Atlanta, GA, argued for defendants/third party plaintiffs-appellees Echostar Communications Corporation, et al. With him on the brief were Nagendra Setty; and Larry McDevitt and W. Carleton Metcalf, Van Winkle, Buck, Wall, Starnes and Davis, of Asheville, NC.
William F. Lee, Hale & Dorr LLP, of Boston, MA, argued for third party defendant-appellant Gemstar Development Corporation. With him on the brief were James L. Quarles III and Mark G. Matuschak, of Washington, DC.
Before MAYER, Chief Judge, MICHEL, and PROST, Circuit Judges.
United States Court of Appeals, Federal Circuit.
Opinion for the court filed by Circuit Judge PROST. Opinion concurring in the result filed by Circuit Judge MICHEL.
PROST, Circuit Judge.
SuperGuide Corporation ("SuperGuide") and Gemstar Development Corporation ("Gemstar") appeal the grant of summary judgment in favor of DirecTV Enterprises, Inc., DirecTV, Inc., DirecTV Operations, Inc. (collectively "DirecTV"); Hughes Electronics Corporation ("Hughes"); Thomson...
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