TYPHOON TOUCH TECHNOLOGIES, INC. v. DELL, INC.

No. 2009-1589.

659 F.3d 1376 (2011)

TYPHOON TOUCH TECHNOLOGIES, INC., Plaintiff-Appellant, v. DELL, INC. and Lenovo (United States), Inc., Defendants-Appellees, and Sand Dune Ventures, Inc., Defendant-Appellee, and Toshiba America Information Systems, Inc., Defendant-Appellee, and Fujitsu America, Inc. (formerly known as Fujitsu Computer Systems Corporation), Defendant-Appellee, and Panasonic Corporation of North America, Defendant-Appellee, and Apple, Inc., Defendant, and HTC America, Inc., Defendant-Appellee, and Palm, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 4, 2011.


Attorney(s) appearing for the Case

Charles R. Wolfe, Jr. , Blank Rome LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Paul M. Honigberg , Brian Wm. Higgins and Jack L. Hobaugh, Jr. Of counsel was H. Keeto Sabharwal .

Edward R. Reines , Weil, Gotshal & Manges LLP of Redwood Shores, CA, and Joseph R. Re , Knobbe, Martens, Olson & Bear LLP, of Irvine, CA, argued for all defendants-appellees. On the brief for defendants-appellees Dell Inc. and Lenovo (United States), Inc. were Harold H. Davis, Jr. , K & L Gates LLP, of San Francisco, CA, and Roderick B. Williams , of Austin, TX. On the brief for defendant-appellee Toshiba America Information Systems, Inc., were Irfan A. Lateef , Jon W. Gurka and Ahsan G. Imam , Knobbe, Martens, Olson & Bear LLP, of Irvine, CA. On the brief for defendant-appellee Fujitsu America, Inc., were Barton E. Showalter , Douglas M. Kubehl and David O. Taylor , Baker Botts LLP, of Dallas, TX. On the brief for defendant-appellee Panasonic Corporation of North America were Daniel S. Ebenstein , Joseph M. Casino , Abraham Kasdan and David A. Boag , Amster Rothstein & Ebenstein LLP, of New York, NY. Of counsel was Marc Jason . On the brief for defendant-appellee Apple Inc., was Jessica L. Davis , Weil, Gotshal & Manges LLP of Redwood Shores, CA, and Danny L. Williams , Williams, Morgan & Amerson, P.C., of Houston, TX. Of counsel was Eric M. Albritton , Albritton Law Firm, of Longview, TX. On the brief for defendant-appellee HTC America, Inc. were Jonathan M. James , Dan L. Bagatell and David J. Palmer , Perkins Coie Brown & Bain P.A., of Phoenix, AZ. On the brief for defendant-appellee Palm, Inc., was Michael M. Markman , Covington & Burling LLP, of San Francisco, CA. Of counsel was Robert J. Williams .

Before RADER, Chief Judge, NEWMAN, and PROST, Circuit Judges.


NEWMAN, Circuit Judge.

Typhoon Touch Technologies, Inc. ("Typhoon") appeals the decision of the United States District Court for the Eastern District of Texas, holding the patents in suit invalid and not infringed based on the district court's construction of the claims.1 At issue are Typhoon's United States Patents No. 5,379,057 ("the '057 patent") and No. 5,675,362 ("the '362 patent"). The...

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