No. 2011-1204.

681 F.3d 1358 (2012)

TOSHIBA CORPORATION, Plaintiff-Appellant, v. IMATION CORP., Moser Baer India Ltd., Glyphics Media, Inc., CMC Magnetics Corp., Hotan Corp., Khypermedia Corp., Ritek Corp., and Advanced Media, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

June 11, 2012.

Attorney(s) appearing for the Case

Deanne E. Maynard , Morrison & Foerster LLP, of Washington, DC, argued for plaintiff-appellant. With her on the brief were G. Brian Busey , Brian R. Matsui , Marc A. Hearron and Adam A. Eltoukby; and Karl J. Kramer , of Palo Alto, California.

Alan D. Smith , Fish & Richardson P.C., of Boston, MA, argued for defendants-appellees. With him on the brief were Christopher Dillon , Stephen A. Marshall , Samuel Sherry and Maureen M. Brenner.

Opinion for the court filed by Circuit Judge MOORE. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge DYK.

MOORE, Circuit Judge.

Toshiba Corporation accused Imation Corporation et al. (collectively, Appellees) of infringing claims of U.S. Patent nos. 5,892,751 ('751 patent) and 5,831,966 ('966 patent) relating to optical disc technology. The district court granted summary judgment of non-infringement for the asserted claims under both patents except for a de minimis claim of direct infringement that was later dismissed. For the reasons set forth below, we affirm...

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