CBT FLINT PARTNERS, LLC v. RETURN PATH, INC.

Attorney(s) appearing for the Case

Adam M. Conrad , King & Spalding, LLP, of Charlotte, North Carolina, argued for plaintiff-appellant. With him on the brief were Daryl L. Joseffer and Karen F. Grohman , of Washington, DC; and Bruce W. Baber , Natasha H. Moffitt and Russell E. Blythe , of Atlanta, GA.

Matthew C. Gaudet , Duane Morris LLP, of Atlanta, GA, argued for all defendants-appellees. With him on the brief were L. Norwood Jameson and John R. Gibson for defendant-appellee Cisco IronPort Systems, LLC. On the brief was Kenneth L. Bressler , Blank Rome LLP, of New York, New York, for defendant-appellee, Return Path, Inc.

Andrew J. Pincus , Mayer Brown, LLP, of Washington, DC, for amicus curiae The Software Alliance. With him on the brief was Paul W. Hughes.

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