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WHITSERVE, LLC v. COMPUTER PACKAGES, INC.

Nos. 2011-1206, 2011-1261.

694 F.3d 10 (2012)

WHITSERVE, LLC, Plaintiff/Counterclaim Defendant-Cross Appellant, and Wesley W. Whitmyer, Jr., Third Party Defendant-Cross Appellant, v. COMPUTER PACKAGES, INC., Defendant/Counterclaim Plaintiff-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing En Banc Denied October 10, 2012.

Attorney(s) appearing for the Case

Gene S. Winter , St. Onge Steward Johnston & Reens, LLC, of Stamford, CT, argued for plaintiff/counterclaim defendant-cross appellant and Third party defendant-cross appellant. With him on the brief were Erin R. Woelker , Michael J. Kosma , and Stephen Ball .

John A. Krause , Fitzpatrick, Cella, Harper & Scinto of New York, New York argued for defendant/counterclaim plaintiff-appellant. With him on the brief were Douglas Sharrott , Marc J. Pensabene and Robert J. Czarnecki, Jr. Of counsel was Robert H. Fischer .

Dissenting opinion filed by Circuit Judge MAYER.

O'Malley, Circuit Judge.

This patent case, presenting myriad issues, includes an appeal from a jury's finding of willful infringement of four patents, a cross-appeal of the trial court's denial of various post-trial motions, and a separate cross-appeal of a denial of sanctions and attorneys' fees. On the appeal, we affirm the jury's finding of infringement, affirm the jury's finding of no anticipation of most, but not all, claims, and we vacate the jury's damages...

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