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MICROSOFT CORP. v. MULTI-TECH SYSTEMS, INC.

Nos. 03-1138, 03-1139.

357 F.3d 1340 (2004)

MICROSOFT CORPORATION, Plaintiff-Appellee, v. MULTI-TECH SYSTEMS, INC., Defendant-Appellant. Multi-Tech Systems, Inc., Plaintiff-Appellant, v. Net2Phone, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: February 3, 2004.

Attorney(s) appearing for the Case

Constantine L. Trela, Jr., Sidley Austin Brown & Wood, of Chicago, IL, argued for plaintiff-appellee 03-1138, Microsoft Corporation. With him on the brief were David T. Pritikin, Richard A. Cederoth, Douglas I. Lewis, and Russell E. Cass.

Ronald J. Schutz, Robins, Kaplan, Miller & Ciresi L.L.P., of Minneapolis, MN, argued for plaintiff-appellant in 03-1139, Multi-Tech Systems, Inc., and defendant-appellant in 03-1138, Multi-Tech Systems, Inc. With him on the brief were Emmett J. McMahon, Ken R. Hall, and Misti Nelc.

Michael R. Casey, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., of Alexandria, VA, argued for defendant-appellee in 03-1139, Net2Phone, Inc. With him on the brief were Richard D. Kelly and Derek Richmond. Of counsel was Kenneth T. Cuccinelli, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., of Arlington, VA.

Before LOURIE, RADER, and BRYSON, Circuit Judges.

Opinion for the court filed by Circuit Judge LOURIE.

Dissenting opinion filed by Circuit Judge RADER.

LOURIE, Circuit Judge.

Multi-Tech Systems, Inc. appeals from the order of the United States District Court for the District of Minnesota entering final judgment of noninfringement of U.S. Patents 5,600,649; 5,764,627; and 5,790,532 in favor of Microsoft Corporation. Microsoft Corp. v. Multi-Tech Sys., Inc., No. 00-CV-1412 ADM/RLE (D.Minn. Oct...

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