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TIP SYSTEMS, LLC v. PHILLIPS & BROOKS/GLADWIN

Nos. 2007-1241, 2007-1279.

529 F.3d 1364 (2008)

TIP SYSTEMS, LLC and TIP Systems Holding Company, Inc., Plaintiffs-Appellants, v. PHILLIPS & BROOKS/GLADWIN, INC. (trading as PBG, Inc.), Acoustics Development Corporation (trading as PBG, Inc.), and PBG, INC., Defendants, and Independent Technologies, Inc., (trading as Wintel), Defendant-Appellee, and TZ Holdings, Inc., T-Netix Telecommunications Services, Inc., T-Netix, Inc., Evercom Holdings, Inc., Evercom Systems, Inc., Evercom, Inc. (doing business as Texas Evercom, Inc.), Defendants-Cross Appellants, and JCW Electronics, Inc., Defendant, and Myrmidon Corporation (trading as PBG, Inc.), Defendant.

United States Court of Appeals, Federal Circuit.

June 18, 2008.

Attorney(s) appearing for the Case

Gary M. Samms, Obermayer Rebmann Maxwell & Hippel LLP, of Philadelphia, PA, argued for plaintiffs-appellants. With him on the brief were Jeffrey S. Batoff, Nicholas Poduslenko, and Matthew A. Kelly, III.

John E. Schneider, Fulbright & Jaworski L.L.P., of Houston, TX, argued for defendant-appellee. Of counsel were Christopher R. Benson, of Austin, TX, and William J. Boyce, of Houston, TX.

Aubrey "Nick" Pittman, The Pittman Law Firm, P.C., of Dallas, TX, argued for defendants-cross appellants. Of counsel on the brief were Jeffrey S. Lowenstein, Neal J. Suit, and Matthew R. Scott, Bell Nunnally & Martin LLP, of Dallas, TX.

Before MICHEL, Chief Judge, PROST, Circuit Judge, and POGUE, Judge.

PROST, Circuit Judge.

This is a patent infringement case pertaining to wall-mounted telephones designed for use by prison inmates. TIP Systems, LLC ("TIP") filed suit in the United States District Court for the Southern District of Texas against: Phillips & Brooks/Gladwin, Inc., Acoustics Development Corporation, and PBG, Inc.; Independent Technologies, Inc. ("Independent Technologies"); TZ Holdings, Inc., T-Netix Telecommunications...

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