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COMMIL USA, LLC v. CISCO SYSTEMS, INC.

No. 2012-1042.

720 F.3d 1361 (2013)

COMMIL USA, LLC, Plaintiff-Appellee, v. CISCO SYSTEMS, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 25, 2013.

Attorney(s) appearing for the Case

Mark S. Werbner , Syles Werbner, P.C., of Dallas, TX, argued for plaintiff-appellee. With him on the brief were Richard A. Sayles and Mark D. Strachan . Of counsel on the brief were Leslie V. Payne , Nathan J. Davis and Miranda Y. Jones , Heim, Payne & Chorush, of Houston, TX.

William F. Lee , Wilmer Cutler Pickering Hale and Dorr LLP, of Boston, MA, argued for defendant-appellant. With him on the brief were Mark C. Fleming , Jonathan W. Andron and Felicia H. Ellsworth ; and William G. McElwain , of Washington, DC. Of counsel on the brief were Henry B. Gutman , Simpson Thacher & Bartlett LLP, of New York, New York; and Jeffrey E. Ostrow , Harrison J. Frahn, IV , Patrick E. King and Jonathan Sanders , of Palo Alto, CA.

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

PROST, Circuit Judge.

Cisco Systems, Inc. appeals from the final judgment of the United States District Court for the Eastern District of Texas, which was based on the findings of two separate jury verdicts finding that: Cisco directly and indirectly infringed specified claims of Commil USA, LLC's U.S. Patent No. 6,430,395 ("'395 patent"); the specified claims of the `395 patent are not invalid as indefinite, for lack of enablement, or as lacking adequate written...

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