FRAUNHOFER-GESELLSCHAFT v. SIRIUS XM RADIO

No. 22-7001.

59 F.4th 1319 (2023)

FRAUNHOFER-GESELLSCHAFT ZUR FÖRDERUNG DER ANGEWANDTEN FORSCHUNG E.V., Appellee v. SIRIUS XM RADIO INC., Appellee My-Chau Nguyen, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 17, 2023.


Attorney(s) appearing for the Case

Mark A. Baghdassarian argued the cause for appellant. With him on the briefs were Alan R. Friedman and Shannon H. Hedvat.

David C. McPhie argued the cause for appellee. With him on the brief was Kelsey L. Schuetz.

Before: Srinivasan, Chief Judge, Henderson, Circuit Judge, and Edwards, Senior Circuit Judge.


In February 2017, Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung E.V. ("Fraunhofer") initiated a patent infringements lawsuit against Sirius XM Radio Inc. ("Sirius XM") in the United States District Court for the District of Delaware. After filing suit, Fraunhofer subpoenaed Sirius XM's former...

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