LUCENT TECHNOLOGIES, INC., Plaintiff/Counterclaim Defendant-Cross 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, and
Microsoft Corporation, Defendant/Counterclaimant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
September 11, 2009.
September 11, 2009.
Attorney(s) appearing for the Case
John M. Desmarais, Kirkland & Ellis, LLP, of New York, NY, argued for plaintiff/counterclaim defendant-cross appellant Lucent Technologies, Inc. With him on the brief were Paul A. Bondor and Michael P. Stadnick.
Constantine L. Trela, Jr., Sidley Austin LLP, of Chicago, IL, argued for defendant/counterclaimant-appellant Microsoft Corporation. With him on the brief were Robert N. Hochman and Tacy F. Flint, and Carter G. Phillips, of Washington, DC. Of counsel on the brief were John E. Gartman and John W. Thornburgh, Fish & Richardson, P.C., of San Diego, CA. Of counsel were Juanita Rose Brooks and Joseph P. Reid, Fish & Richardson, P.C. of San Diego, CA; and Thomas Andrew Culbert and Stephen P. McGrath, Microsoft Corporation, of Redmond, WA.
Edward R. Reines, Weil, Gotshal & Manges LLP, of Redwood Shores, CA, for amici curiae Apple Inc., et al. With him on the brief was Sonal N. Mehta.
James W. Dabney, Fried, Frank, Harris, Shriver & Jacobson LLP, of New York, NY, for amici curiae Bank of America Corporation, et al.
Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, for amici curiae 3M Company, et al. With him on the brief were Don O. Burley and Erik R. Puknys, of Palo Alto, CA. Of counsel on the brief were Hansjorg Sauer, Biotechnology Industry Organization, of Washington, DC; Michael J. Biber, Dolby Laboratories, Inc., of San Francisco, CA; P. Michael Walker and Barry Estrin, E.I. DuPont de Nemours and Co., of Wilmington, DE; Richard F. Phillips, Exxon Mobil Chemical Company, of Houston, TX; Buckmaster de Wolf, General Electric Company, of Fairfield, CT; Philip S. Johnson, Johnson & Johnson, of New Brunswick, NJ; Steven W. Miller, The Procter & Gamble Company, of Cincinnati, OH; Alexander H. Rogers, Qualcomm Inc., of San Diego, CA; and Taraneh Maghamé, Tessera, Inc., of San Jose, CA.
Before MICHEL, Chief Judge, NEWMAN and LOURIE, Circuit Judges.
United States Court of Appeals, Federal Circuit.
MICHEL, Chief Judge.
Microsoft Corporation appeals the denial of post-trial motions concerning a jury verdict that U.S. Patent No. 4,763,356 (the "Day patent") was not invalid and that Microsoft indirectly infringed the Day patent. Microsoft also appeals the $357,693,056.18 jury award to Lucent Technologies, Inc. for Microsoft's infringement of the Day patent. Because the validity and infringement decisions were not contrary to law and supported by substantial evidence...
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