United States Federal Circuit

Where a claim specifies a changing rate of data transfer, no combination of static rate data transfer devices can be infringing under the doctrine of equivalents, even if both devices work in the same fashion and perform the same function.

Appellate Information

• Decided 08/17/2001
• Published 08/17/2001

Judges

• GAJARSA, Circuit Judge., Before LOURIE, Circuit Judge, PLAGER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard G. Taranto,Farr & Taranto, of Washington, DC, argued for plaintiff-appellant.   Of counsel on the brief were George C. Lombardi, and James F. Hurst, Winston & Strawn, of Chicago, IL;  Adam T. Bernstein, Verizon Communications, of New York, NY;  and John Thorne, Verizon Services, Inc., of Arlington, VA.


• For Appellees:
  
• Ruffin B. Cordell, Fish & Richardson P.C., of Washington, DC, argued for defendants-appellees.   With him on the brief were Michael J. McKeon, and Lauren A. Degnan.