MICROSOFT CORP. v. DATATERN, INC.

Nos. 2013-1184, 2013-1185.

755 F.3d 899 (2014)

MICROSOFT CORPORATION, Plaintiff-Appellee, v. DATATERN, INC., Defendant-Appellant. SAP AG, and SAP America, Inc., Plaintiffs-Appellees, v. DataTern, Inc., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing En Banc Denied July 25, 2014.


Attorney(s) appearing for the Case

Edward R. Reines , Weil Gotshal & Manges LLP, of Redwood Shores, CA, argued for all plaintiffs-appellees. With him on the brief were Andrew L. Perito and Evan N. Budaj. Of counsel on the brief were Dan Goettle , Dale M. Heist and Aleksander J. Goranin , Woodcock Washburn, LLP, of Philadelphia, PA.

Erik Paul Belt , McCarter & English, LLP, of Boston, MA, argued for defendant-appellant in case no. 2013-1184. With him on the brief was Lee Carl Bromberg.

Lee Cark Bromberg , McCarter & English, LLP, of Boston, MA, argued for defendant-appellant in case no. 2013-1185. With him on the brief was Erik Paul Belt.

Before PROST and MOORE, Circuit Judges.


MOORE, Circuit Judge.

DataTern, Inc. (DataTern) appeals from the district court's grant of summary judgment that certain Microsoft Corporation (Microsoft) and SAP AG and SAP America, Inc. (collectively, SAP) products do not infringe asserted claims of U.S. Patent Nos. 5,937,402 and 6,101,502 and challenges the scope of the district court's summary judgment grant to SAP. Data-Tern also challenges the court's denial of its...

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