ORION IP, LLC v. HYUNDAI MOTOR AMERICA

No. 2009-1130.

605 F.3d 967 (2010)

ORION IP, LLC, Plaintiff-Appellee, v. HYUNDAI MOTOR AMERICA, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

May 17, 2010.


Attorney(s) appearing for the Case

Frederick S. Frei, Andrews Kurth LLP, of Washington, DC, argued for plaintiff-appellee. With him on the brief was Elizabeth A. Wiley, The Wiley Firm PC, of Austin, TX. Of counsel on the brief were Jon E. Wright and Byron L. Pickard, Sterne, Kessler, Goldstein & Fox PLLC, of Washington, DC.

Gene C. Schaerr, Winston & Strawn LLP, of Washington, DC, argued for defendant-appellant. With him on the brief were Geoffrey P. Eaton and Jacob Loshin. Of counsel on the brief were A.M. (Russ) Meyer, Jr. and Robert P. Latham, Jackson Walker, LLP, of Dallas, TX; and Douglas R. McSwane, Jr., Potter Minton, P.C., of Tyler, TX.

Richard A. Samp, Washington Legal Foundation, of Washington, DC, for amicus curiae Washington Legal Foundation. With him on the brief was Daniel J. Popeo.

Before GAJARSA, PLAGER, and LINN, Circuit Judges.


GAJARSA, Circuit Judge.

Hyundai Motor America ("Hyundai") appeals from the United States District Court for the Eastern District of Texas's (the "district court's") ruling of no unenforceability for inequitable conduct and denial of Hyundai's motion for judgment as a matter of law ("JMOL") and a new trial. The district court denied the JMOL motion by finding inter alia that (1) U.S. Patent No. 5,367,627 (the "'627 patent") was not invalid on anticipation or...

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