FOX GROUP, INC. v. CREE, INC.

No. 2011-1576.

700 F.3d 1300 (2012)

The FOX GROUP, INC., Plaintiff-Appellant, v. CREE, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 28, 2012.


Attorney(s) appearing for the Case

Christopher B. Mead , London & Mead, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Lance A. Robinson .

David C. Radulescu , Quinn Emanuel Urquhart & Sullivan LLP, of New York, New York, argued for defendant-appellee. With him on the brief were Raymond N. Nimrod and Robin M. Davis .

Opinion concurring-in-part, dissenting-in-part filed by Circuit Judge O'MALLEY.


WALLACH, Circuit Judge.

The Fox Group, Inc. ("Fox") appeals from the decision of the United States District Court for the Eastern District of Virginia granting Cree, Inc.'s ("Cree") motion for summary judgment of invalidity of U.S. Patent No. 6,562,130 (filed May 4, 2001) ("the '130 patent"). Fox Group, Inc. v. Cree, Inc., 819 F.Supp.2d 524, 537 (E.D.Va.2011). We find that the district court did not err in granting...

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