COMMONWEALTH SCIENTIFIC AND INDUSTRIAL RESEARCH ORGANISATION v. BUFFALO TECHNOLOGY

No. 2007-1449.

542 F.3d 1363 (2008)

COMMONWEALTH SCIENTIFIC AND INDUSTRIAL RESEARCH ORGANISATION, Plaintiff-Appellee, v. BUFFALO TECHNOLOGY (USA), INC. and Buffalo, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied October 17, 2008.


Attorney(s) appearing for the Case

Daniel J. Furniss, Townsend and Townsend and Crew LLP, of Palo Alto, CA, argued for plaintiff-appellee. With him on the brief were Gary H. Ritchey and Nancy L. Tompkins.

Richard D. Kelly, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., of Alexandria, VA, argued for defendants-appellants. With him on the brief were Robert C. Mattson, Frank J. West, Takahiro Miura, and Robert C. Nissen. of counsel were Joanna H. Kim and Richard J. Codding, Akin, Gump, Strauss, Hauer & Feld, LLP, of Los Angeles, CA.

Richard C. Vasquez, Morgan Miller Blair, a Law Corporation, of Walnut Creek, CA, for amici curiae Accton Technology Corporation (Taiwan). With him on the brief were Jeffrey T. Lindgren, Kevin R. Brodehl, and Eric W. Benisek.

Ruffin B. Cordell, Fish & Richardson P.C., of Washington, DC, for amicus curiae Microsoft Corporation. With him on the brief was Barry K. Shelton, of Austin, TX.

Theodore B. Olson, Gibson, Dunn & Crutcher LLP, of Washington, DC, for amici curiae Atheros Communications, Inc., et al. With him on the brief were Matthew D. McGill, Amir C. Tayrani, and Thomas A. Burns.

Roy T. Englert, Jr., Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, of Washington, DC, for amici curiae Battelle Memorial Institute, et al. With him on the brief was Mark T. Stancil.

Kathleen M. Sullivan, Quinn Emanuel Urquhart Oliver & Hedges, LLP, of Redwood Shores, CA, for amici curiae Nokia Corporation, et al. With her on the brief were Brian C. Cannon and Tun-Jen Chiang. Of counsel on the brief were Ronald A. Antush and David L. Cohen, Nokia Corporation and Nokia Inc., of Irving, TX.

Richard W. Clary, Cravath, Swaine & Moore LLP, of New York, NY, for amicus curiae Qualcomm Incorporated.

Steffen N. Johnson, Winston & Strawn LLP, of Washington, DC, for amicus curiae Technology Properties Limited. With him on the brief were Gene C. Schaerr, Andrew C. Nichols, and James F. Hurst, of Chicago, IL.

Robert A. Cote, McKool Smith, P.C., of New York, NY, for amicus curiae WiLAN, Inc. With him on the brief were Robert E. Goodfriend and Jason Blackstone, of Dallas, TX, Rodney R. Sweetland, III, of Washington, DC, and Gretchen K. Harting and Seth R. Hasenour, of Austin, TX.

Opinion for the court filed by Circuit Judge BRYSON. Opinion concurring in the result filed by Circuit Judge LOURIE.


BRYSON, Circuit Judge.

Commonwealth Scientific and Industrial Research Organisation ("CSIRO") is Australia's national science agency. It engages in a range of basic and applied scientific research in diverse fields. One of its research projects has been directed to solving problems presented by indoor wireless local area networks ("WLANs"). WLANs usually have a network topology consisting of one or more access points with a wired connection to a local area network...

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