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PERSONALIZED MEDIA COMMUNICATIONS v. APPLE INC.

2021-2275.

57 F.4th 1346 (2023)

PERSONALIZED MEDIA COMMUNICATIONS, LLC, Plaintiff-Appellant v. APPLE INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: January 20, 2023.

Attorney(s) appearing for the Case

Kevin Paul Martin , Goodwin Procter LLP, Boston, MA, argued for plaintiff-appellant. Also represented by Gerard Justin Cedrone , Douglas J. Kline , Lana S. Shiferman ; William M. Jay , Washington, DC; Sidney Calvin Capshaw, III , Capshaw DeRieux LLP, Gladewater, TX.

John C. O'Quinn , Kirkland & Ellis LLP, Washington, DC, argued for defendant-appellee. Also represented by Nathan S. Mammen ; Greg Arovas , New York, NY; Luke Dauchot , Ellisen Shelton Turner , Los Angeles, CA; Marcus Edward Sernel , Chicago, IL.

Jeffrey A. Lamken , MoloLamken LLP, Washington, DC, for amicus curiae Fair Inventing Fund. Also represented by Rayiner Hashem .

Dissenting opinion filed by Circuit Judge Stark.

Personalized Media Communications, LLC appeals the final judgment of the District Court for the Eastern District of Texas that U.S. Patent No. 8,191,091 is unenforceable based on prosecution laches. The district court determined that Personalized Media Communications successfully...

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