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MYMAIL, LTD. v. AMERICA ONLINE, INC.

Nos. 06-1147, 06-1172.

476 F.3d 1372 (2007)

MYMAIL, LTD., Plaintiff-Appellant, v. AMERICA ONLINE, INC., Defendant, and Netzero, Inc., Juno Online Services, Inc. and Netbrands, Inc., Defendants-Cross Appellants, and Earthlink, Inc., Defendant-Cross Appellant, and Southwestern Bell Internet Services, Inc., Prodigy Communications Corporation and SBC Internet Services, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

February 20, 2007.

Attorney(s) appearing for the Case

Douglas A. Cawley, McKool Smith, P.C., of Dallas, Texas, argued for plaintiff-appellant. With him on the brief were Theodore Stevenson, III, David Sochia, Christopher T. Bovenkamp, Charles W. Miller, and Bradley Wayne Caldwell.

L. Norwood Jameson, Duane Morris LLP, of Atlanta, Georgia, argued for defendants-appellees and defendants/cross-appellants, Earthlink, Inc. With him on the brief were Matthew C. Gaudet and Claus D. Melarti for Earthlink, Inc.; and Timothy G. Newman and Russell W. White, Larson Newman Abel Polansky & White, LLP, of Austin, Texas, for Southwestern Bell Internet Services, Inc., et al. Of counsel was Anthony A. Sheldon, Cardinal Law Group, of Evanston Illinois.

William J. Robinson and Ronald Coslick, Foley & Lardner, LLP, of Los Angeles, California, for defendants-cross appellants, Netzero, Inc., et al.

Before NEWMAN, SCHALL, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

MyMail, Ltd., brought this patent infringement action in the United States District Court for the Eastern District of Texas, No. 6:04-cv-00189-LED, charging eight internet service providers with infringing U.S. Patent No. 6,571,290 ("the '290 patent"). The district court granted summary judgment of noninfringement, and MyMail appeals from that order. Four of the defendant internet service providers cross-appeal from the district court's ruling...

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