LUCENT TECHNOLOGIES, INC., Plaintiff/Counterclaim Defendant-Appellant, and
Lucent Technologies Guardian I LLC, Counterclaim Defendant, and
Multimedia Patent Trust, Plaintiff/Counterclaim Defendant,
v.
GATEWAY, INC., Gateway Country Stores LLC, Gateway Companies, Inc., Cowabunga Enterprises, Inc., and Gateway Manufacturing LLC, Defendants/Counterclaimants, and
Dell Inc., Defendant/Counterclaimant-Appellee, and
Microsoft Corporation, Defendant/Counterclaimant-Cross Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
May 8, 2008.
May 8, 2008.
Attorney(s) appearing for the Case
John M. Desmarais, Kirkland & Ellis LLP, of New York, NY, argued for plaintiff/counterclaim defendant-appellant, Lucent Technologies, Inc. With him on the brief were Robert A. Appleby and Jeanne M. Heffernan, of New York, NY, Ephraim D. Starr, of Los Angeles, CA.
Joel M. Freed, McDermott Will & Emery LLP, of Washington, DC, argued for defendant/counterclaimant-appellee, Dell Inc. With him on the brief were Natalia V. Blinkova, and Leonard D. Conapinski, of Chicago, IL. Of counsel on the brief was Joseph A. Micallef, Arnold & Porter LLP, of Washington, DC. Of counsel were Matthew N. Bathon and Ali R. Sharifahmadian, Arnold & Porter LLP, of Washington, DC.
John W. Thornburgh, Fish & Richardson, P.C., of San Diego, CA, argued for defendant/counterclaimant-cross appellant, Microsoft Corporation. With him on the brief were John E. Gartman, and John A. Dragseth, of Minneapolis, MN. Of counsel was Juanita R. Brooks, of San Diego, CA. Of counsel on the brief was Stephen P. McGrath, Microsoft Corporation, of Redmond, WA.
Opinion for the court filed by Circuit Judge PROST. Opinion dissenting-in-part filed by Circuit Judge LOURIE.
United States Court of Appeals, Federal Circuit.
PROST, Circuit Judge.
This is a patent case pertaining to alleged infringement by Microsoft Corp. ("Microsoft") and Dell Inc. ("Dell") of two patents, U.S. Patent No. 5,649,131 ("the '131 patent") and U.S. Patent No. 4,701,954 ("the '954 patent"), owned by Lucent Technologies Inc. ("Lucent"). The United States District Court for the Southern District of California granted summary...
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