SYMANTEC CORP. v. COMPUTER ASSOCIATES INTERN.

Nos. 2007-1201, 2007-1239.

522 F.3d 1279 (2008)

SYMANTEC CORPORATION, Plaintiff/Counterclaim Defendant-Appellant, and Hilgraeve, Incorporated, Plaintiff/Counterclaim Defendant, v. COMPUTER ASSOCIATES INTERNATIONAL, INC., Defendant/CounterclaimantCross Appellant, and Richard B. Levin, Counterclaimant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

April 11, 2008.


Attorney(s) appearing for the Case

David A. Nelson, Latham & Watkins LLP, of Chicago, Illinois, argued for plaintiff/counterclaim defendant-appellant. With him on the brief was Mark A. Flagel, of Los Angeles, California. On the brief were Daniel A. Boehnen, George I. Lee, and Jeffrey A. Steck, McDonnell Boehnen Hulbert & Berghoff LLP, of Chicago, Illinois. Of counsel on the brief was Joseph Fitzgerald, Symantec Corp., of Cupertino, California.

Michael A. Nicodema, Greenberg Traurig LLP, of New York, New York, argued for defendant/counterclaimant-cross appellant. With him on the brief was Gaston Kroub.

Gerry J. Elman, Elman Technology Law, P.C, of Swarthmore, Pennsylvania, for counterclaimant-cross-appellant.

Before GAJARSA, LINN, and DYK, Circuit Judges.


DYK, Circuit Judge.

In this patent infringement suit, appellant Symantec Corporation ("Symantec") appeals from the district court's grant of summary judgment of non-infringement of claims 1-20 of the asserted patent, U.S. Patent No. 5,319,776 ("the '776 patent"). Symantec Corp. v. Computer Assocs. Int'l, Inc., No. 02-CV-73740-DT, 2006 WL 4007005 (E.D.Mich. Aug. 31, 2006) (reports and recommendations of magistrate judge).1 Computer...

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