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NCUBE CORP. v. SEACHANGE INTERN., INC.

No. 03-1341, 03-1366.

436 F.3d 1317 (2006)

NCUBE CORPORATION (now C-COR Inc.), Plaintiff-Cross Appellant, v. SEACHANGE INTERNATIONAL, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

January 9, 2006.

Attorney(s) appearing for the Case

Robert J. Gunther, Jr., Latham & Watkins LLP, of New York, New York, argued for plaintiff-cross appellant. With him on the brief were David A. Nelson and Israel Sasha Mayergoyz, of Chicago, Illinois. Of counsel was Mary B. Graham, Morris, Nichols, Arsht & Tunnel, of Wilmington, Delaware.

Steven M. Bauer, Proskauer Rose LLP, of Boston, Massachusetts, argued for defendant-appellant. On the brief were Robert E. Hillman, Lawrence K. Kolodney, and Steven Katz, Fish & Richardson P.C., of Boston, Massachusetts.

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

Opinion for the court filed by Circuit Judge RADER.

Dissenting opinion filed by Circuit Judge DYK.

Background

RADER, Circuit Judge.

After the U.S. District Court for the District of Delaware construed the relevant claims, a jury found SeaChange International, Inc. (SeaChange) to have willfully infringed, literally and under the doctrine of equivalents, claims 1-4, 6-10, 12, and 14 of nCube...

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