No. 2012-1415.

731 F.3d 1336 (2013)

TECSEC, INC., Plaintiff-Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION and Ebay Inc., Defendants, and Cisco Systems, Inc., SAS Institute, Inc., Sun Microsystems, Inc. (now known as Oracle America, Inc.), Oracle Corporation, and Paypal, Inc., Defendants-Appellees, and SAP America, Inc., SAP AG, and Sybase, Inc., Defendants-Appellees and Software AG and Software AG, Inc., Defendants-Appellees, and Adobe Systems, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 2, 2013.

Attorney(s) appearing for the Case

Michael A. Oakes , Hunton & Williams, LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Michael A. O'Shea. Of counsel on the brief was Gregory N. Stillman , of Norfolk, VA. Of counsel was Adam Price and Andrew DiNovo , DiNovo, Price Ellwanger & Hardy, LLP, of Austin, TX.

Steven C. Cherny , Kirkland & Ellis, LLP, of Washington, DC, argued for defendants-appellees, Cisco Systems, Inc., et al. With him on the brief were Michael W. De Vries , of Los Angeles, CA, and John C. O'Quinn , of Washington, DC; Jeffrey K. Sherwood and Megan S. Woodworth , Dickstein Shapiro LLP, of Washington, DC, for defendants-appellees, SAP AG, et al; Michael W. Robinson and Jeffri A. Kaminski , Venable LLP, of Vienna, VA, for defendants-appellees, Software AG, et al; and Henrey C. Bunsow and Christina M. Finn , Bunsow, De Mory, Smith & Allison, LLP, of San Francisco, CA, for defendant-appellee, Adobe Systems, Inc. Of counsel was William G. Burgess , Kirkland & Ellis, LLP, of Washington, DC.

Dissenting opinion filed by Circuit Judge REYNA.

LINN, Circuit Judge.

TecSec, Inc. appeals from the district court's entry of judgment that the defendant-appellees (the "defendants") do not infringe various claims of three TecSec patents: U.S. Patent Nos. 5,369,702 (the "'702 Patent"); No. 5,680,452 (the "'452 Patent"); and No. 5,898,781 (the "'781 Patent"). Because the district court incorrectly construed the claims, this court affirms-in-part, reverses-in-part, and remands for further proceedings...

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