MASSACHUSETTS INSTIT. OF TECH. v. ABACUS SOFTWARE

Nos. 05-1142, 05-1161, 05-1162, 05-1163.

462 F.3d 1344 (2006)

THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY AND ELECTRONICS FOR IMAGING, INC., Plaintiffs-Appellants, v. ABACUS SOFTWARE, Defendant, and Corel Corp. and Corel Inc., Defendants-Cross Appellants, and Microsoft Corporation, Defendant-Cross Appellant, and Roxio, Inc. and MGI Software, Inc., Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

September 13, 2006.


Attorney(s) appearing for the Case

William C. Rooklidge, Howrey LLP, of Irvine, California, argued for plaintiffs-appellants. With him on the brief was Russell B. Hill. Of counsel on the brief was Tom Crunk, of Los Angeles, California.

Jeffrey D. Sanok, Crowell & Moring LLP, of Washington, DC, argued for defendants-cross appellants Corel Corp. and Corel Inc. With him on the brief was Richard McMillan, Jr. Of counsel on the brief was Dennis R. Gallagher, of Irvine, California.

Roy W. Hardin, Locke Liddell & Sapp, LLP, of Dallas, Texas, argued for defendant-cross appellant Microsoft Corporation. With him on the brief was M. Scott Fuller. Of counsel on the brief was Isabella E. Fu, Microsoft Corporation, of Redmond, Washington.

David P. Enzminger, O'Melveny & Myers LLP, of Los Angeles, California, argued for defendants-cross appellants Roxio, Inc. and MGI Software, Inc. With him on the brief was Ryan K. Yagura.

Before MICHEL, Chief Judge, FRIEDMAN, Senior Circuit Judge, and DYK, Circuit Judge.


Opinion for the court filed by Circuit Judge DYK.

Dissenting opinion filed by Chief Judge MICHEL.

DYK, Circuit Judge.

Massachusetts Institute of Technology ("MIT") and Electronics for Imaging, Inc. ("EFI") appeal from the stipulated final judgment of noninfringement of the United States District Court for the Eastern District of Texas. MIT and EFI urge that the district court's claim construction (on which the stipulated judgment of non-infringement...

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