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BID FOR POSITION, LLC v. AOL, LLC

No. 2009-1068.

601 F.3d 1311 (2010)

BID FOR POSITION, LLC, Plaintiff-Appellant, v. AOL, LLC, and Google, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

April 7, 2010.

Attorney(s) appearing for the Case

Gregory S. Dovel, Dovel & Luner, LLP, of Santa Monica, CA, argued for plaintiff-appellant. Of counsel was David E. Rosen, Murphy Rosen & Meylan, LLP, of Santa Monica, CA.

Charles K. Verhoeven, Quinn Emanuel Urquhart Oliver & Hedges LLP, of San Francisco, CA, argued for defendants-appellees. With him on the brief were David A. Perlson and Jamie L. Lisagor.

Before NEWMAN, BRYSON, and MOORE, Circuit Judges.

BRYSON, Circuit Judge.

Plaintiff Bid for Position, LLC, appeals from a final judgment of noninfringement entered in its patent infringement suit against defendants Google, Inc., and AOL, LLC. The patent-in-suit, U.S. Patent No. 7,225,151 B1, describes a method for conducting a continuous auction, such as a consumers' auction on the internet for goods or services, or a vendors' auction for positions in an internet advertising display. The claimed method allows a bidder...

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