NORTHPOINT TECHNOLOGY v. MDS AMERICA

Nos. 04-1249, 04-1295.

413 F.3d 1301 (2005)

NORTHPOINT TECHNOLOGY, LTD., Plaintiff-Appellant, v. MDS AMERICA, INC. and MDS International, S.A.R.L., Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

DECIDED: June 28, 2005.


Attorney(s) appearing for the Case

Michael K. Kellogg, Kellogg, Huber, Hansen, Todd & Evans, PLLC, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Richard H. Stern, J. Christopher Rozendaal, and Eugene M. Paige.

James H. Laughlin, Jr., Swidler Berlin Shereff Friedman, LLP, of Washington, DC, argued for defendants-cross appellants. With him on the brief were Edward A. Pennington, Robert C. Bertin, and Thomas S. Valente.

Before SCHALL, BRYSON, and DYK, Circuit Judges.


Opinion for the court filed by Circuit Judge BRYSON. Concurring in part and dissenting in part opinion filed by Circuit Judge DYK.

BRYSON, Circuit Judge.

Northpoint Technology, Ltd., is the assignee of U.S. Patent No. 5,761,605 ("the '605 patent"), entitled "Apparatus and Method for Reusing Satellite Broadcast Spectrum for Terrestrially Broadcast Signals," and U.S. Patent No. 6,169,878 ("the '878 patent"), entitled "Apparatus and Method for Transmitting Terrestrial...

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