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FACEBOOK, INC. v. WINDY CITY INNOVATIONS, LLC

2018-1400 2018-1401 2018-1402 2018-1403 2018-1537 2018-1540 2018-1541.

973 F.3d 1321 (2020)

FACEBOOK, INC., Appellant v. WINDY CITY INNOVATIONS, LLC, Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Opinion Modified: September 4, 2020.

Attorney(s) appearing for the Case

Heidi Lyn Keefe , Cooley LLP, Palo Alto, CA, argued for appellant. Also represented by Andrew Carter Mace , Lowell D. Mead , Mark R. Weinstein ; Elizabeth Prelogar , Washington, DC. Also argued by Phillip Edward Morton .

Vincent J. Rubino, III , Fabricant LLP, New York, NY, argued for cross-appellant. Also represented by Alfred Ross Fabricant , Enrique William Iturralde , Peter Lambrianakos .

Jeremy Cooper Doerre, Tillman Wright PLLC, Charlotte, NC, as amicus curiae, pro se.

Joshua Koppel , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for amicus curiae United States. Also represented by Jeffrey Eric Sandberg , Scott R. McIntosh , Ethan P. Davis ; Thomas W. Krause , Joseph Matal , Farheena Yasmeen Rasheed , Molly R. Silfen , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

David E. Boundy, Cambridge Technology Law LLC, Newton, MA, as amicus curiae, pro se.

Opinion for the court filed by Chief Judge Prost, in which Plager and O'Malley, Circuit Judges, join.

Windy City Innovations, LLC ("Windy City") filed a complaint accusing Facebook, Inc. ("Facebook") of infringing U.S. Patent Nos. 8,458,245 ("the '245 patent"); 8,694,657 ("the '657 patent"); 8,473,552 ("the '552 patent"); and 8,407,356 ("the '356 patent"). In June 2016, exactly one year after being served with Windy City's complaint...

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