NETCRAFT CORP. v. EBAY, INC.

No. 2008-1263.

549 F.3d 1394 (2008)

NETCRAFT CORPORATION, Plaintiff-Appellant, v. EBAY, INC. and PayPal, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

December 9, 2008.


Attorney(s) appearing for the Case

Frank E. Scherkenbach, Fish & Richardson P.C., of Boston, Massachusetts, argued for plaintiff-appellant. With him on the brief were Robert E. Hillman and Craig R. Smith; and Michael J. Kane and William R. Woodford, of Minneapolis, Minnesota.

Morgan Chu, Irell & Manella LLP, of Los Angeles, California, argued for defendants-appellees. With him on the brief were Samuel K. Lu and C. Maclain Wells.

Before BRYSON, LINN, and PROST, Circuit Judges.


PROST, Circuit Judge.

This is a patent infringement case involving internet billing methods. Plaintiff Netcraft Corporation sued eBay, Inc. and PayPal, Inc. (collectively "Defendants") for infringement of two related patents: U.S. Patent Nos. 6,351,739 ("'739 Patent") and 6,976,008 ("'008 Patent"). The district court construed a phrase that appears in both patents, "providing a communications link through equipment of the third party," to require "providing customers...

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