United States Federal Circuit

Plaintiff is not entitled to a preliminary injunction on a likelihood of prevailing on a patent infringement claim where the validity of the patent is seriously in question. Defendant has shown that prior art exists which a jury could find reasonably anticipated the "One-Click" method of purchasing items over the World Wide Web.

Appellate Information

• Decided 02/14/2001
• Published 02/14/2001

Judges

• CLEVENGER, Circuit Judge., Before CLEVENGER, GAJARSA and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Lynn H. Pasahow,McCutchen, Doyle, Brown & Enersen, LLP, of Palo Alto, CA, argued for plaintiff-appellee.   With him on the brief were J. David Hadden, of Palo Alto;  and Beth H. Parker, Christopher B. Hockett, and Thomas S. Hixson, of San Francisco, from McCutchen, Doyle, Brown & Enersen, LLP. Of counsel was John R. Reese, McCutchen, Doyle, Brown & Enersen, LLP, of San Francisco, CA. Of counsel on the brief were David J. Burman, Brian G. Bodine, and Jerry A. Riedinger, Perkins Coie, LLP, of Seattle, WA., Jonathan A. Marshall, Pennie & Edmonds LLP, of New York, NY, argued for defendants-appellants.   With him on the brief were William G. Pecau, and Steven I. Wallach.   Of counsel on the brief were Michael N. Rosen, and Mark J. Sugarman, Robinson Silverman Pearce Aronsohn & Berman LLP, of New York, NY. Of counsel was Stanton T. Lawrence III, of Pennie & Edmonds, of Washington, DC.