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DEFAULT PROOF CREDIT CARD v. HOME DEPOT U.S.A.

No. 05-1069.

412 F.3d 1291 (2005)

DEFAULT PROOF CREDIT CARD SYSTEM, INC., Plaintiff-Appellant, v. HOME DEPOT U.S.A., INC. (doing business as The Home Depot), Defendant-Appellee, and Sam's East, Inc. (doing business as Sam's Club), Starbucks Coffee Company (also known as Starbucks Corporation), Urban Coffee Opportunities, LLC (doing business as Starbucks Coffee), Wal-Mart Stores, Inc., and Wal-Mart Stores East, LP (doing business as Wal-Mart), Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

June 16, 2005.

Attorney(s) appearing for the Case

Raymond P. Niro, Niro, Scavone, Haller & Niro, of Chicago, Illinois, argued for plaintiff-appellant. With him on the brief was John C. Janka. Of counsel was Sally Wiggins.

Kevin M. Flowers, Marshall, Gerstein & Borun, LLP, of Chicago, Illinois, argued for defendant-appellee Home Depot U.S.A., Inc. With him on the brief was Mark H. Izraelewicz. Of counsel on the brief was Robert B. Dulaney, III, Home Depot U.S.A., Inc., of Atlanta, Georgia.

David E. Sipiora, Townsend and Townsend and Crew LLP, of Denver, Colorado, argued for defendants-appellees Sam's East, Inc., et al. With him on the brief was Kenneth S. Chang.

Before MICHEL, Chief Judge, LOURIE and BRYSON, Circuit Judges.

MICHEL, Chief Judge.

Default Proof Credit Card System, Inc. ("Default Proof") appeals the United States District Court for the Southern District of Florida's grant of summary judgment that claim 1 of U.S. Patent No. 6,405,182 ("the '182 patent") is invalid for failure to meet the definiteness requirement of 35 U.S.C. § 112, ¶ 2. Default Proof Credit Card Sys., Inc. v. Home Depot U.S.A., Inc. d/b/a The Home Depot, et al., No. 03-20094-CIV (S.D.Fla...

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