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ESPEED, INC. v. BROKERTEC USA, L.L.C.

No. 2006-1385.

480 F.3d 1129 (2007)

eSPEED, INC., Cantor Fitzgerald, L.P., CFPH, L.L.C., and eSpeed Government Securities, Inc., Plaintiffs-Appellants, v. BROKERTEC USA, L.L.C., Garban, L.L.C., OM Technology US, Inc., and OM Technology AB, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

March 20, 2007.

Attorney(s) appearing for the Case

Gary A. Rosen, Law Offices of Gary A. Rosen, P.C., of Philadelphia, PA, argued for plaintiffs-appellants. With him on the brief was Jack B. Blumenfeld, Morris, Nichols, Arsht & Tunnell LLP, of Wilmington, DE.

J. Michael Jakes, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for defendants-appellees. With him on the brief was James R. Barney.

Before LINN, DYK, and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Plaintiffs-appellants eSpeed, Inc., Cantor Fitzgerald, L.P., CFPH, L.L.C. and eSpeed Government Securities, Inc. (collectively Cantor) appeal from the district court's final judgment declaring claims 20-23 of United States Patent No. 6,560,580 (the '580 patent) invalid, declaring the '580 patent unenforceable, and entering final judgment in favor of defendants. Because we affirm the district court's conclusion that the '580 patent is unenforceable...

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