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JACOBS v. NINTENDO OF AMERICA, INC.

No. 03-1297.

370 F.3d 1097 (2004)

Jordan Spencer JACOBS, Plaintiff-Appellant, v. NINTENDO OF AMERICA, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied July 7, 2004.

Attorney(s) appearing for the Case

John Edwin Fisher, Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, P.A., of Orlando, FL, argued for plaintiff-appellant. On the brief was Gerard H. Bencen, Patent Arts, of Gainesville, FL.

Robert J. Gunther, Jr., Latham & Watkins LLP, of New York, NY, argued for defendant-appellee. With him on the brief were John J. Kirby, Jr., Daiske Yoshida, and Richard C. Rosalez.

Before MICHEL, BRYSON, and LINN, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 7, 2004.

BRYSON, Circuit Judge.

Patent owner and appellant Jordan Spencer Jacobs terminated a patent infringement lawsuit against Analog Devices, Inc., by entering into a settlement and licensing agreement with Analog. Jacobs later sued appellee Nintendo of America, Inc., for infringing the same patent. As a defense, Nintendo asserted that the settlement agreement between Jacobs and Analog protected not only Analog...

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