SUFFOLK TECHNOLOGIES, LLC v. AOL INC.

No. 2013-1392.

752 F.3d 1358 (2014)

SUFFOLK TECHNOLOGIES, LLC, Plaintiff-Appellant, v. AOL INC., Defendant, and Google Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 27, 2014.


Attorney(s) appearing for the Case

Joel L. Thollander , McKool Smith, P.C., of Austin, TX, argued for plaintiff-appellant. With him on the brief were Douglas A. Cawley and Daniel L. Geyser , of Dallas, TX; and Roderick G. Dorman , of Los Angeles, CA.

Steven A. Hirsch , Keker & Van Nest LLP, of San Francisco, CA, argued for defendant-appellee. With him on the brief were Robert A. Van Nest , Christa M. Anderson , and Matthias A. Kamber .

Before RADER, Chief Judge, PROST and CHEN, Circuit Judges.


PROST, Circuit Judge.

Suffolk Technologies, LLC ("Suffolk") appeals from the summary judgment of the United States District Court for the Eastern District of Virginia holding certain claims of Suffolk's U.S. Patent No. 6,081,835 ("'835 patent") invalid. Specifically, the district court held that claims 1, 7, and 9 were anticipated by a Usenet newsgroup post. Suffolk then stipulated that, in light of the district court's prior art, claim construction, and expert testimony...

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