No. 05-1008.

420 F.3d 1364 (2005)

BROADCAST INNOVATION, L.L.C. and IO Research Pty Ltd., Plaintiffs-Appellants, v. CHARTER COMMUNICATIONS, INC., Defendant-Appellee, and Comcast Corporation, Defendant.

United States Court of Appeals, Federal Circuit.

August 19, 2005.

Attorney(s) appearing for the Case

Paul M. Smith, Jenner & Block LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Jonathan T. Suder and Edward R. Nelson III, Friedman, Suder & Cooke, of Fort Worth, Texas; and Edward W. Goldstein and Corby R. Vowell, Goldstein & Faucett, L.L.P., of Houston, Texas.

Beth S. Brinkmann, Morrison & Foerster LLP, of Washington, DC, argued for defendant-appellee. On the brief were Robert M. Harkins, Jr., of San Francisco, California; and David C. Doyle and Jose L. Patino, of San Diego, California.

Before MAYER, RADER, and DYK, Circuit Judges.

RADER, Circuit Judge.

On summary judgment, the United States District Court for the District of Colorado determined that U.S. Patent No. 6,076,094 (the '094 patent) is invalid under 35 U.S.C. § 102(b). Broadcast Innovation L.L.C. v. Charter Communications, Inc., 03-WY-2223-AJ (BNB) (D.Col. Aug. 4, 2004) (Summary Judgment Order). Because the district court improperly determined the '094 patent's priority date, this court reverses.


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