STORAGE TECH. v. CUSTOM HARDWARE ENGIN. & CONSULT.

No. 04-1462.

421 F.3d 1307 (2005)

STORAGE TECHNOLOGY CORPORATION (doing business as Storagetek), Plaintiff-Appellee, v. CUSTOM HARDWARE ENGINEERING & CONSULTING, INC., Defendant-Appellant, and David York, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 24, 2005.


Attorney(s) appearing for the Case

Charles W. Steese, Steese & Evans, P.C., of Denver, Colorado, argued for plaintiff-appellee. With him on the brief was Sandra L. Potter. Of counsel on the brief were Michael D. Broaddus, Perkins Coie LLP, of Seattle, Washington, and Bobbee J. Musgrave, Musgrave & Theis, LLP, of Denver, Colorado. Of counsel were Jerry A. Riedinger, Perkins Coie LLP, of Seattle, Washington, and Mark T. Wasden, of Washington, DC; and Teresa L. Ashmore, Musgrave & Theis LLP, of Denver, Colorado.

Dean L. Franklin, Thompson Coburn LLP, of St. Louis, Missouri, argued for defendants-appellants Custom Hardware Engineering & Consulting, Inc. and David York. Of counsel on the brief were Edwin G. Harvey and Nicholas B. Clifford, Jr., Simon Passanante, PC, of St. Louis, Missouri, and Anthony G. Simon.

Joseph D. Steinfield, Prince, Lobel, Glovsky & Tye, LLP, of Boston, Massachusetts, for defendant-appellant David York.

Before RADER, SCHALL, and BRYSON, Circuit Judges.


Opinion for the court filed by Circuit Judge BRYSON.

Dissenting opinion filed by Circuit Judge RADER.

BRYSON, Circuit Judge.

Storage Technology Corporation ("StorageTek") manufactures automated tape cartridge libraries that can store massive amounts of computer data. The cartridge libraries consist of Library Storage Modules, or "silos," that contain numerous tape cartridges, tape drives for reading the cartridges, and a robot arm for moving the cartridges...

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