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IN RE BILL OF LADING TRANSMISSION

Nos. 2010-1493, 2010-1494, 2010-1495, 2010-1496, 2011-1101, 2011-1102.

681 F.3d 1323 (2012)

In re BILL OF LADING TRANSMISSION AND PROCESSING SYSTEM PATENT LITIGATION. R + L Carriers, Inc., Plaintiff-Appellant, v. DriverTech LLC, Defendant-Appellee, and PeopleNet Communications Corporation, Qualcomm, Inc., and Microdea, Inc., Defendants-Appellees, and Intermec Technologies Corp., Defendant-Appellee, and Affiliated Computer Services, Inc., Defendant-Appellee, and Interstate Distributor Company, Defendant-Appellee, and Pitt Ohio Express Inc. and Berry & Smith Trucking Ltd., Defendants.

United States Court of Appeals, Federal Circuit.

June 7, 2012.

Attorney(s) appearing for the Case

Anthony C. White , Thompson Hine LLP, of Columbus, OH, argued for plaintiff-appellant. With him on the brief was O. Judson Scheaf, III.

Jonathan S. Franklin , Fulbright & Jaworski L.L.P., of Washington, DC, argued for all defendants-appellees. With him on the brief for defendants-appellees Qualcomm, Inc., et al was Tillman J. Breckenridge; and Richard S. Zembek , of Dallas TX. Of counsel was Laura J. Borst , of Minneapolis, MN. On the brief for defendant-appellee DriverTech, LLC, was Scott M. Petersen and Philip D. Dracht , Fabian & Clendenin, P.C., of Salt Lake City, UT.

Carson P. Veach , Freeborn & Peters LLP, of Chicago, IL, for defendant-appellee Intermec Technologies Corp. With him on the brief was Jacob D. Koering.

Thomas H. Shunk , Baker & Hostetler LLP, of Cleveland, OH, for defendant-appellee Affiliated Computer Services, Inc.

Dissenting in part and concurring in part opinion filed by Circuit Judge NEWMAN.

O'MALLEY, Circuit Judge.

In this patent infringement action, R + L Carriers, Inc. ("R + L") appeals the district court's dismissal with prejudice of its amended complaints and counterclaims against DriverTech LLC ("DriverTech"), Affiliated Computer Services, Inc. ("ACS"), PeopleNet Communications Corp. ("PeopleNet"), Intermec Technologies Corp. ("Intermec"), Microdea, Inc. ("Microdea"), and Qualcomm, Inc. ("Qualcomm").1 R + L alleged that...

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