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BOARD OF REGENTS UNIVERSITY TEX. v. BENQ AMERICA

No. 2007-1388.

533 F.3d 1362 (2008)

BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEM, Plaintiff-Appellant, v. BENQ AMERICA CORP., Motorola, Inc., Hon Hai Precision Industry Co. Ltd., and Chi Mei Communication Systems, Inc., Defendants-Appellees, and Kyocera Wireless Corp., Defendant-Appellee, and Innostream, Inc., Toshiba Corporation, and Wistron Corporation, Defendants, and HTC Corp., High Tech Computer Corporation, Sanyo North America Corp., LG Electronics Mobilecomm U.S.A., Inc., Sendo America, Inc., Siemens Communications, Inc., NEC Corporation of America, Sony Ericcson Mobile Communications (USA), Inc., Sony Ericcson Mobile Communications AG, Nokia, Inc., Panasonic Corporation of North America, Curitel Communications, Inc., Samsung Telecommunications America LLP, Samsung Electronics America, Inc., Utstarcom, Inc., Compal Communications, Inc., Sharp Corporation (also known as Sharp Kabushiki Kaisha), TCL & Alcatel Mobile Phones Limited, and Audiovox Communications Corporation, Defendants.

United States Court of Appeals, Federal Circuit.

July 24, 2008.

Attorney(s) appearing for the Case

Jeffrey R. Bragalone, Shore Chan Bragalone LLP, of Dallas, TX, argued for plaintiff-appellant. With him on the brief were Michael W. Shore, Alfonso Garcia Chan, and Jennifer M. Rynell.

Charles K. Verhoeven, Quinn Emanuel Urquhart Oliver & Hedges, LLP, of San Francisco, CA, argued for all defendants-appellees. With him on the brief for BENQ America Corp., et al., were Kevin A. Smith and Jennifer A. Kash.

Sharon A. Israel, Mayer Brown Rowe & Maw, LLP, of Houston, TX, for defendant-appellee Kyocera Wireless Corp. With her on the brief were Brandon Baum and Joshua M. Masur, of Palo Alto, California.

Before DYK and PROST, Circuit Judges, and HOCHBERG, District Judge.

PROST, Circuit Judge.

Plaintiff-Appellant the Board of Regents of the University of Texas System ("Board of Regents") appeals a final judgment by the United States District Court for the Western District of Texas. Bd. of Regents of the Univ. of Tex. Sys. v. BENQ Am. Corp., No. 1:05-CV-181 (W.D.Tex. May 2, 2007). The district court entered final judgment after the parties stipulated that Defendants-Appellees BENQ America, Corp., et al. (collectively "BENQ")...

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