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SRI INTERN., INC. v. INTERNET SEC. SYSTEMS, INC.

No. 2007-1065.

511 F.3d 1186 (2008)

SRI INTERNATIONAL, INC., Plaintiff-Appellant, v. INTERNET SECURITY SYSTEMS, INC. (a Delaware Corporation) and Internet Security Systems, Inc. (a Georgia Corporation), Defendants-Appellees, and Symantec Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 8, 2008.

Attorney(s) appearing for the Case

Frank E. Scherkenbach, Fish & Richardson, P.C., of Boston, MA, argued for plaintiff-appellant. With him on the brief was Robert E. Hillman. Also on the brief were Joshua Bleet, of Minneapolis, MN; Howard G. Pollack, of Redwood City, CA; Todd G. Miller and Michael M. Rosen, of San Diego, CA.

Bradley A. Slutsky, King & Spalding LLP, of Atlanta, GA, argued for defendants-appellees Internet Security Systems, Inc., et al. With him on the brief were Holmes J. Hawkins, III, Bradley A. Slutsky, and Charles A. Pannell, III. Also on the brief were Theresa A. Moehlman, Bhavana Joneja, and Ryan J. Stempniewicz, of New York, NY.

Paul S. Grewal, Day Casebeer Madrid & Batchelder LLP, of Cupertino, CA, argued for defendant-appellee, Symantec Corporation. With him on the brief were Robert M. Galvin, Renee DuBord Brown, and Geoffrey M. Godfrey. Of counsel on the brief was Joseph FitzGerald, Symantec Corporation, of Cupertino, CA.

Before MAYER, RADER, and MOORE, Circuit Judges.

Opinion for the court filed by Circuit Judge RADER. Opinion dissenting in part filed by Circuit Judge MOORE.

RADER, Circuit Judge.

On summary judgment, the United States District Court for the District of Delaware held U.S. Patent Nos. 6,484,203 ("the '203 patent"), 6,708,212 ("the '212 patent"), 6,321,338 ("the '338 patent"), and 6,711,615 ("the '615 patent") invalid as anticipated by SRI International, Inc.'s ("SRI's") own prior art publication "Live Traffic...

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