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CONTENT EXTRACTION AND TRANS. v. WELLS FARGO BANK

Nos. 2013-1588, 2013-1589, 2014-1112, 2014-1687.

776 F.3d 1343 (2014)

CONTENT EXTRACTION AND TRANSMISSION LLC, Plaintiff-Appellant, v. WELLS FARGO BANK, NATIONAL ASSOCIATION, Defendant-Appellee, and The PNC Financial Services Group, Inc. and PNC Bank, N.A., Defendants-Appellees. Diebold, Incorporated, Plaintiff-Counterdefendant-Cross Appellant, v. Content Extraction and Transmission LLC, Defendant-Counterplaintiff-Appellant, and Mitchell Medina, Catherine Elias, and Jean-Marc Zimmerman, Defendants, and John Doe Companies 1-100, John Doe Companies 1-99, TD Bank Group, and TD Bank, N.A., Third-Party Defendants.

United States Court of Appeals, Federal Circuit.

December 23, 2014.

Attorney(s) appearing for the Case

Anatoly S. Weiser , Zimmerman & Weiser LLP, of Westfield, New Jersey, argued for plaintiff-appellant Content Extraction and Transmission LLC. With him on the brief was Jean-Marc Zimmerman.

Frederick L. Whitmer , Kilpatrick, Townsend & Stockton LLP, of New York, New York, argued for defendant-appellee Wells Fargo Bank, National Association. Of counsel on the brief for defendant-appellees The PNC Financial Services Group, Inc., et al. was Noam J. Kritzer , Bakos & Kritzer of Florham Park, New Jersey.

Roy H. Wepner , Lerner, David, Littenberg, Krumholz & Mentlik, LLP, of Westfield, New Jersey, argued for plaintiff-counterdefendant-cross appellant Diebold, Incorporated. With him on the brief were Arnold I. Rady and Brian D. Hill.

Before DYK, TARANTO, and CHEN, Circuit Judges.

Content Extraction and Transmission LLC and its principals (collectively, CET) appeal from the grant of a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure (FRCP), in which the United States District Court for the District of New Jersey held that the claims of CET's asserted patents are invalid as...

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