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SOURCE SEARCH TECHNOLOGIES, LLC v. LENDINGTREE

Nos. 2008-1505, 2008-1524.

588 F.3d 1063 (2009)

SOURCE SEARCH TECHNOLOGIES, LLC, Plaintiff-Appellant, v. LENDINGTREE, LLC, IAC/Interactivecorp, and Servicemagic, Inc., Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

December 7, 2009.

Attorney(s) appearing for the Case

Jeffrey I. Kaplan, Kaplan Gilman Gibson & Dernier LLP, of Woodbridge, NJ, argued for plaintiff-appellant. With him on the brief was Michael R. Gilman.

Claude M. Stern, Quinn Emanuel Urquhart Oliver & Hedges, LLP, of Redwood City, CA, argued for defendants-cross appellants. With him on the brief were Evette D. Pennypacker; Robert B. Wilson, Aaron S. Kaufman and James E. Baker, of New York, New York, and Linda J. Brewer, of San Francisco, CA.

Before RADER, PLAGER, and SCHALL, Circuit Judges.

RADER, Circuit Judge.

The United States District Court for the District of New Jersey held that the asserted claims of U.S. Patent No. 5,758,328 ("'328 patent") were infringed but invalid on obviousness grounds. See Source Search Techs., LLC v. Lending Tree, LLC, Case No. 04-CV-4420 DRD, 2007 WL 1302443 (D.N.J. May 2, 2007) ("Summary Judgment on Infringement"). Because genuine issues of material fact bar summary judgment on both obviousness and infringement...

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