United States Federal Circuit

Where neither the patent claim language nor the specification preclude it, defining "a point of sale location" as a location where a consumer goes to purchase material objects embodying predetermined or preselected information permits a consumer's home to be a point of sale location.

Appellate Information

• Decided 11/03/2000
• Published 11/03/2000

Judges

• Before MAYER, Chief Judge, NEWMAN, MICHEL, LOURIE, RADER, SCHALL, BRYSON, GAJARSA, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Albert L. Jacobs, Jr.,Graham & James LLP, of New York, NY, argued for plaintiff-appellant.   With him on the brief were Daniel A. Ladow, and Philip M. Weiss.


• For Appellees:
  
• Walter E. Hanley, Jr., Kenyon & Kenyon, of New York, NY, for defendant-appellee, Internet Software, Inc. (now known as Internet Shopping Network, Inc.)., Carl Oppedahl, Oppedahl & Larson, of Dillon, CO, for defendant-appellee, Softlock Services, Inc., Timothy J. O'Hearn, Jones, Day, Reavis, & Pogue, of Cleveland, OH, argued for defendant-appellee, CompuServe Incorporated.   With him on the brief was David B. Cochran., Robert Thomas Maldonado, Cooper & Dunham, LLP, of New York, NY, argued for defendant-appellee, Waldenbooks.   With him on the brief was Peter David Murray., George F. Pappas, and James R. Burdett, Venable, Baetjer, Howard & Civiletti, LLP, of Washington, DC, for defendant-appellee The Library Corporation., Claude M. Stern, Fenwick & West LLP, of Palo Alto, CA, argued for defendant-appellees, Broderbund Software, Inc. and Intuit, Inc. With him on the brief were David C. McIntyre, and Susan M. Reid. Of counsel was Marta Y. Beckwith., Catherine M. McGrath, Brown Raysman, of New York, NY, for defendant-appellee, Ziff-Davis Publishing Company.   Of counsel was Louis Greco., Griffith G. deNoyelles, Jr., Chernofsky & deNoyelles, of New York, NY, for defendant-appellee, Telebase Systems, Inc. (now known as CDnow, Inc.).