No. 2010-1037.

627 F.3d 859 (2010)


United States Court of Appeals, Federal Circuit.

December 8, 2010.

Attorney(s) appearing for the Case

J. Michael Jakes , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Susan Y. Tull ; and Erika H. Arner , of Reston, VA. Of counsel on the brief were M. Miller Baker , Blair M. Jacobs , Paul E. Poirot and Natalia V. Blinkova , McDermott, Will & Emery LLP, of Washington, DC; and Michael J. Rusing , Rusing & Lopez, PLLC, of Tucson, AZ. Of counsel were Isaac Crum, Stephen K. Shahida and Bureden J. Warren , McDermott, Will & Emery LLP, of Washington, DC.

John D. Vandenberg , Klarquist Sparkman, LLP, of Portland, OR, argued for defendant-appellee. With him on the brief were Stephen J. Joncus , Todd M. Siegel , Kristin L. Cleveland and Salumeh R. Loesch . Of counsel on the brief were Stephen P. McGrath , Microsoft Corporation, of Redmond, WA; and Jeffrey Willis , Snell & Wilmer, L.L.P., of Tucson, AZ.

Before RADER, Chief Judge, NEWMAN and PLAGER, Circuit Judges.

RADER, Chief Judge.

Research Corporation Technologies, Inc. ("RCT") initiated this action against Microsoft Corporation ("Microsoft"), alleging infringement of six related patents: U.S. Patent Nos. 5,111,310 ("'310 patent"); 5,341,228 ("'228 patent"); 5,477,305 ("'305 patent"); 5,543,941 ("'941 patent"); 5,708, 518 ("'518 patent"); and 5,726,772 ("'772 patent"). The United States District Court for the District of Arizona held that certain claims of the '310 and ...

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