DYNACORE HOLDINGS CORPORATION and Dynacore Patent Litigation Trust, Plaintiffs-Appellants,
v.
U.S. PHILIPS CORPORATION, and STMicroelectronics, Inc., and Matsushita Electric Corporation of America, and JVC Americas Corp., and Compaq Computer Corporation, Gateway, Inc., Hewlett-Packard Corporation, and Sony Electronics, Inc., and Epson America, Inc., and Fujitsu PC Corporation, Fujitsu Microelectronics America, Inc., and Fujitsu Computer Products of America, Inc., and Texas Instruments Incorporated, and Western Digital Corporation, and Dell Computer Corporation and Dell Marketing Corporation, and Apple Computer, Inc., and NEC Computers Inc., and Nikon Inc., and Adaptec, Inc., and Smartdisk Corporation, and ADS Technologies, Inc., and Lucent Technologies, Inc., Defendants-Appellees, and
Evergreen Technologies, Inc., and Quadmation Incorporated, Defendants.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
March 31, 2004.
March 31, 2004.
Attorney(s) appearing for the Case
David W. Denenberg, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C., of New York, NY, argued for plaintiffs-appellants. With him on the brief were Peter T. Cobrin and Oren J. Warshavsky.
George A. Riley, O'Melveny & Myers LLP, of San Francisco, CA, argued for defendants-appellees Apple Computer, Inc. and on behalf of all defendants-appellees except Evergreen Technologies, Inc. and Quadmation Incorporated. With him on the brief was Luann L. Simmons.
Howard L. Bernstein, Sughrue Mion, PLLC, of Washington, DC, for defendant-appellee NEC Computers, Inc.
Evan Finkel, Pillsbury Winthrop LLP, of Los Angeles, CA, for defendant-appellee Epson America, Inc. Of counsel was Andrew B. Grossman.
Steven D. Glazer, Weil, Gotshal & Manges LLP, of New York, NY, for defendant-appellee STMicroelectronics, Inc.
David H. Pfeffer, Morgan & Finnegan, L.L.P., of New York, New York, defendants-appellees Fujitsu PC Corporation, et al. Of counsel were Walter G. Hanchuk and Stephen Joseph Manetta.
Willem G. Schuurman, Vinson & Elkins, of Austin, TX, for defendants-appellees Dell Computer Corporation, et al. Of counsel were David B. Weaver and Adam V. Floyd.
James L. Wamsley, III, Jones Day, of Cleveland, OH, for defendants-appellees Texas Instruments Incorporated, et al. Of counsel was David L. Witcoff, of Chicago, IL.
Alan D. Smith, Fish & Richardson P.C., of Boston, MA, for defendant-appellee Adaptec, Inc. Of counsel were Richard P. Ferrara and John T. Johnson, Fish & Richardson, P.C., of New York, NY.
Douglas B. Henderson, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, for defendants-appellees Compaq Computer Corporation, et al. Of counsel were Roger D. Taylor, Douglas S. Weinstein, and R. Bruce Bower, Finnegan Henderson, etc., of Atlanta, GA.
Jospeh F. Jennings, Knobbe, Martens, Olson & Bear, LLP, of Irvine, CA, for defendants ADS Technologies, Inc. Of counsel were Ryan N. Farr and Douglas G. Muehlhauser.
Robert A. Appleby, Kirkland & Ellis, of New York, NY, for defendant-appellee Lucent Technologies, Inc. Of counsel was William C. Mercer.
Adam B. Landa, Greenberg Traurig LLP, of New York, NY, for defendant-appellee SmartDisk Corporation.
David Jason Lender, Weil, Gotshal & Manges LLP, of New York, NY, for defendants-appellees JVC Americas Corp, et al.
D. Michael Underhill, Morgan, Lewis & Bockius LLP, of Washington, DC, for defendant-appellee Nikon, Inc. Of counsel was Eric J. Maurer.
James T. Williams, Sullivan & Cromwell LLP, of New York, NY, for defendants Evergreen Technologies, Inc., et al.
Before RADER, BRYSON, and GAJARSA, Circuit Judges.
United States Court of Appeals, Federal Circuit.
GAJARSA, Circuit Judge.
Dynacore Holdings Corp. and Dynacore Patent Litigation Trust (collectively, "Dynacore") appeal the February 13, 2003 grant of defendants' motion for summary judgment of non-infringement of United States Patent No. 5,077,732 ("the '732 Patent"). Dynacore Holdings Corp. v. U.S. Philips Corp.,243 F.Supp.2d 31 (S.D.N.Y.2003). Because Dynacore has not identified any circumstances under which the...
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