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CARDSOFT v. VERIFONE, INC.

No. 2014-1135.

769 F.3d 1114 (2014)

CARDSOFT (assignment for the Benefit of Creditors), LLC, Plaintiff-Appellee, v. VERIFONE, INC., Hypercom Corp., and Verifone Systems Inc., Defendants-Appellants, and Ingenico S.A., Ingenico Corp., Ingenico Inc., and Way Systems, Inc., Defendants.

United States Court of Appeals, Federal Circuit.

October 17, 2014.

Attorney(s) appearing for the Case

Donald R. McPhail , Cozen O'Connor, of Washington, DC, argued for plaintiff-appellee. With him on the brief were Barry P. Golob and Kerry B. McTigue. Of counsel on the brief was William E. Davis, III , Davis Firm P.C., of Longview, TX.

E. Joshua Rosenkranz , Orrick, Herrington & Sutcliffe LLP, of New York, NY, argued for defendants-appellants. With him on the brief were Mark S. Davies , Richard A. Bierschbach , Brian D. Ginsberg , and Cam T. Phan. Of counsel on the brief was Robert W. Kantner , Jones Day, of Dallas, TX.

Before PROST, Chief Judge, TARANTO and HUGHES, Circuit Judges.

HUGHES, Circuit Judge.

CardSoft alleges that Appellants infringe two patents directed to software for small, specialized computers, like payment terminals. In construing the patent claims, the district court adopted CardSoft's proposed construction for the claim term "virtual machine." Applying the district court's construction, a jury returned a verdict for CardSoft. Because the district court erred in its construction...

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