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LUCENT TECHNOLOGIES, INC. v. GATEWAY, INC.

Nos. 2007-1546, 2007-1580.

543 F.3d 710 (2008)

LUCENT TECHNOLOGIES, INC., Plaintiff/Counterclaim Defendant-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, and Microsoft Corporation, Defendant/Counterclaimant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

September 25, 2008.

Attorney(s) appearing for the Case

Richard G. Taranto, Farr & Taranto, of Washington, DC, argued for plaintiff/counterclaim defendant-appellant. Of counsel on the brief were John M. Desmarais, Robert A. Appleby, Paul A. Bondor, and Michael P. Stadnick, Kirkland & Ellis LLP, of New York, NY.

John E. Gartman, Fish & Richardson P.C., of San Diego, CA, argued for defendant/counterclaimant-cross appellant. With him on the brief were John W. Thornburgh, Matthew C. Bernstein, and Justin M. Barnes, and John A. Dragseth, of Minneapolis, MN. Of counsel on the brief was Stephen P. McGrath, Microsoft Corporation, of Redmond, WA.

Before LOURIE, BRYSON and PROST, Circuit Judges.

PROST, Circuit Judge.

This case involves alleged infringement by Gateway, Inc. ("Gateway"), Microsoft Corporation ("Microsoft"), and Dell Inc. ("Dell") of two patents owned by Lucent Technologies, Inc. ("Lucent"). After a jury verdict of infringement and a damages award of $1,538,056,702, the district court granted judgment as a matter of law ("JMOL"), and alternatively a new trial, on infringement and damages. Lucent Techs., Inc. v. Gateway, Inc., ...

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