INTELLECTUAL VENTURES I v. CAPITAL ONE FINANCIAL

2018-1367.

937 F.3d 1359 (2019)

INTELLECTUAL VENTURES I LLC, Intellectual Ventures II LLC, Plaintiffs-Appellees Invention Investment Fund II, LLC, Intellectual Ventures Management, LLC, Invention Investment Fund I, L.P., Third Party Defendants-Appellees v. CAPITAL ONE FINANCIAL CORPORATION, Capital One Bank (Usa), National Association, Capital One, National Association, Defendants/Third Party Plaintiffs-Appellants

United States Court of Appeals, Federal Circuit.

Decided: September 10, 2019.


Attorney(s) appearing for the Case

Robert E. Freitas , Freitas & Weinberg LLP, Redwood City, CA, argued for plaintiffs-appellees and third party defendants-appellees. Also represented by Jessica N. Leal , Daniel J. Weinberg .

Matthew J. Moore , Latham & Watkins LLP, Washington, DC, argued for defendants/third party plaintiffs-appellants. Also represented by Gabriel Bell , Alan J. Devlin , Adam Michael Greenfield; Alexander Reicher , Christopher S. Yates , San Francisco, CA; Robert A. Angle , Troutman Sanders LLP, Richmond, VA.

Michael Murray , Antitrust Division, United States Department of Justice, Washington, DC, argued for amicus curiae United States. Also represented by Frances Elisabeth Marshall , Makan Delrahim , Andrew C. Finch , James Fredricks , Kristen Ceara Limarzi , Robert Nicholson , Mary Helen Wimberly .

Mark Stephen Hegedus , Office of General Counsel, Federal Trade Commission, Washington, DC, for amicus curiae Federal Trade Commission. Also represented by Alden F. Abbott , John Dubiansky , Joel Marcus , Suzanne Munck Af Rosenschold , Haidee L. Schwartz .

Before Prost, Chief Judge, Bryson and Reyna, Circuit Judges.


This appeal stems from a patent infringement action brought in 2014 in the District of Maryland before Judge Paul W. Grimm. The action was instituted by Intellectual Ventures I LLC and Intellectual Ventures II LLC against Capital One Financial Corporation and two other affiliated...

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