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CBT FLINT PARTNERS, LLC v. RETURN PATH, INC.

Nos. 2010-1202, 2010-1203.

654 F.3d 1353 (2011)

CBT FLINT PARTNERS, LLC, Plaintiff-Appellant, v. RETURN PATH, INC., Defendant-Cross Appellant, and Cisco IronPort Systems, LLC, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

August 10, 2011.

Attorney(s) appearing for the Case

Daryl L. Joseffer , King & Spalding LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Bruce W. Baber , Alan Shane Nichols and Natasha H. Moffitt , of Atlanta, GA.

Louis Norwood Jameson , Duane Morris, LLP, of Atlanta, GA, argued for defendants-cross appellants. With him on the brief were Matthew C. Gaudet and Leah J. Poynter. Of counsel on the brief was Kenneth L. Bressler , Blank Rome LLP, of New York, NY.

Before LOURIE, BRYSON, and LINN, Circuit Judges.

LOURIE, Circuit Judge.

CBT Flint Partners, LLC ("CBT") appeals from the final judgment of the United States District Court for the Northern District of Georgia. The court granted summary judgment of invalidity of claim 13 of U.S. Patent 6,587,550 ("the '550 patent"), holding it indefinite under 35 U.S.C. § 112, ¶ 2. CBT Flint Partners, LLC v. Return Path, Inc., No. 1:07-CV-1822, Dkt. No. 203, 2008 WL 2744751 (N.D.Ga. July 11, 2008) ("Summary Judgment...

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