TRADING TECHNOLOGIES INTERN., INC. v. ESPEED, INC.

Nos. 2008-1392, 2008-1393, 2008-1422.

595 F.3d 1340 (2010)

TRADING TECHNOLOGIES INTERNATIONAL, INC., Plaintiff-Appellant, v. ESPEED, INC., Ecco LLC, Ecco Ware Ltd., and Espeed International, Ltd., Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

February 25, 2010.


Attorney(s) appearing for the Case

Steven F. Borsand, Trading Technologies International, Inc., of Chicago, IL, argued for plaintiff-appellant. Of counsel on the brief were Paul H. Berghoff, Leif R. Sigmond, Jr., Matthew J. Sampson, Michael D. Gannon, S. Richard Carden, Jennifer M.Kurcz and Paul A. Kafadar, McDonnell Boehnen Hulbert & Berghoff LLP, of Chicago, IL. Of counsel was George I. Lee.

Gary A. Rosen, Law Offices of Gary A. Rosen, P.C., of Philadelphia, PA, argued for defendants-cross appellants. Of counsel on the brief were George C. Lombardi, Raymond C. Perkins and James M. Hilmert, Winston & Strawn, LLP, of Chicago, IL. Of counsel were Ivan M. Poullaos, of Chicago, IL and John K. Hsu, of Washington, DC.

Lora A. Moffatt, Salans LLP, of New York, NY, for amici curiae GL Trade SA, et al. With her on the brief was Walter Scott, Alston & Bird LLP, of New York, NY.

Opinion for the court filed by Circuit Judge RADER, in which District Judge CLARK joins. Circuit Judge LOURIE concurs in the result. Concurring opinion filed by District Judge CLARK.


RADER, Circuit Judge.

The United States District Court for the Northern District of Illinois held that eSpeed, Inc., Ecco LLC, Ecco Ware Ltd., and eSpeed International Ltd. (collectively, "eSpeed") infringed the asserted claims of U.S. Patent No. 6,772,132 ("'132 patent") and U.S. Patent No. 6,766,304 ("'304 patent") with one accused service product, but not willfully. The district court further held that the two other accused products did not literally infringe and...

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