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FUTUREWEI TECHNOLOGIES v. ACACIA RESEARCH CORP.

No. 2013-1090.

737 F.3d 704 (2013)

FUTUREWEI TECHNOLOGIES, INC., and Huawei Device USA, Inc., Plaintiffs-Appellants, v. ACACIA RESEARCH CORPORATION, Defendant-Appellee, and Access Co., Ltd., Defendant-Appellee, and Smartphone Technologies, LLC, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 3, 2013.

Attorney(s) appearing for the Case

Gregory A. Castanias , Jones Day, of Washington, DC, argued for plaintiffs-appellants. With him on the brief was Rajeev Muttreja , of New York, NY.

Benjamin R. Askew , The Simon Law Firm, P.C., of Saint Louis, MO, argued for all defendants-appellees. With him on the brief for Smartphone Technologies, LLC, were Anthony G. Simon and Stephanie H. To. On the brief for Acacia were Marc J. Schneider , Stephen L. Ram , Douglas Q. Hahn , and Matthew T. Montgomery , Stradling Yocca Carlson & Rauth, P.C., of Newport Beach, CA. On the brief for Access Co., Ltd., were and Sharon L. O'Grady and Bruce A. Ericson , Pillsbury Winthrop Shaw Pittman, LLP, of San Francisco, CA.

Before REYNA, MAYER, and TARANTO, Circuit Judges.

TARANTO, Circuit Judge.

Huawei Device USA Inc. and Futurewei Technologies, Inc. (collectively, "Huawei") appeal a district court's dismissal of their complaint. We affirm.

BACKGROUND

Access Co., Ltd., which sells software for mobile communication devices, owns the five patents at issue in this appeal ("the five patents"). On July 31, 2009. Access entered into an exclusive license agreement with Acacia Patent Acquisition LLC ("APAC"), a wholly owned...

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