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BRILLIANT INSTRUMENTS, INC. v. GUIDETECH, LLC

No. 2012-1018.

707 F.3d 1342 (2013)

BRILLIANT INSTRUMENTS, INC., Plaintiff-Appellee, v. GUIDETECH, LLC, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

February 20, 2013.

Attorney(s) appearing for the Case

Thomas W. Lathram , Silicon Edge Law Group LLP, of Pleasanton, CA, argued for plaintiff-appellee. With him on the brief were Mark P. Guidotti and Arthur J. Beheil. Of counsel on the brief were Mark S. Davies and Ross C. Paolino , Orrick Herrington & Sutcliffe, LLP, of Washington, DC.

Einav Cohen , Attorney at Law, Sunnyvale, CA, argued for defendant-appellant. Of counsel was Jeffrey W. Gluck , Connolly Bove Lodge & Hutz LLP, of Washington, DC.

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.

GuideTech, LLC (GuideTech) appeals from the district court's grant of summary judgment that Brilliant Instruments, Inc. (Brilliant) did not infringe three related GuideTech patents: U.S. Patent Nos. 6,226,231 ('231 patent), 6,091,671 ('671 patent), and 6,181,649 ('649 patent). See Brilliant Instruments, Inc. v. GuideTech, Inc., No. C. 09-5517 CW, 2011 WL 3515904 (N.D.Cal. Aug. 11, 2011) (Summary Judgment Order). Because the court...

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