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MYSPACE, INC. v. GRAPHON CORP.

No. 2011-1149.

672 F.3d 1250 (2012)

MYSPACE, INC., Plaintiff-Appellee, and Fox Audience Network, Inc., Third Party Defendant-Appellee, and Craigslist, Inc., Plaintiff-Appellee, v. GRAPHON CORPORATION, Defendant/Third Party Plaintiff-Appellant.

United States Court of Appeals, Federal Circuit.

March 2, 2012.

Attorney(s) appearing for the Case

Kevin B. Collins , Covington & Burling, LLP, of Washington, DC, argued for plaintiff-appellee, MySpace, Inc. and third party defendant-appellee, Fox Audience Network, Inc. With him on the brief was Jeffrey M. Davidson , of San Francisco, CA.

Christopher Kao , Perkins Coie, LLP, of Palo Alto, CA, argued for the plaintiff-appellee, Craigslist, Inc. With him on the brief was J. Patrick Corrigan .

Michael D. Rounds , Watson Rounds, of Reno, NV, argued for defendant/third party plaintiff-appellant. With him on the brief were Cassandra P. Joseph and Adam K. Yowell .

Dissenting opinion filed by Circuit Judge MAYER.

PLAGER, Circuit Judge.

This is a patent infringement case in which plaintiffs, MySpace, Inc. and craigslist, Inc., filed declaratory judgment suits in the Northern District of California against defendant GraphOn Corporation ("GraphOn"). Plaintiffs alleged that certain patents owned by GraphOn were invalid and not infringed by them. GraphOn counter-claimed for infringement, and asserted third-party claims against Fox Audience Network, Inc. ("FOX"). Plaintiffs' suits...

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