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NETWORK COMMERCE, INC. v. MICROSOFT CORP.

No. 04-1445.

422 F.3d 1353 (2005)

NETWORK COMMERCE, INC. and CRS, LLC, Plaintiffs-Appellants, v. MICROSOFT CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 8, 2005.

Attorney(s) appearing for the Case

Robert E. Rohde, Rohde & Van Kampen PLLC, of Seattle, Washington, argued for plaintiffs-appellants. Of counsel was Al Van Kampen.

J. Christopher Carraway, Klarquist Sparkman, LLP, of Portland, Oregon, argued for defendant-appellee. With him on the brief was Jared S. Goff. Of counsel on the brief were Stephen P. McGrath, Microsoft Corporation, of Redmond, Washington, and Mark S. Parris, Heller Ehrman White & McAuliffe LLP, of Seattle, Washington.

Before MAYER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and DYK, Circuit Judge.

DYK, Circuit Judge.

Network Commerce, Inc. and CRS, LLC appeal from the judgment of the District Court for the Western District of Washington holding that Microsoft Corporation ("Microsoft") did not infringe any claim of United States Patent No. 6,073,124 (the "'124 patent") either literally or under the doctrine of equivalents. Network Commerce, Inc. v. Microsoft Corp., 260 F.Supp.2d 1042 (W.D.Wash.2003) ("Network...

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