United States Federal Circuit

Where the claim construction distinguishes prior art as unable to prevent an operating system from accessing a computer virus, defendant's expert cannot prove non-infringement by showing abnormal operating conditions or special configurations that avoid infringement.

Appellate Information

• Decided 09/17/2001
• Published 09/17/2001

Judges

• DYK, Circuit Judge., Before RADER, Circuit Judge, PLAGER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Ernie L. Brooks,Brooks & Kushman P.C., of Southfield, MI, argued for plaintiff-appellant.   With him on the brief were Thomas A. Lewry, Robert C.J. Tuttle, John E. Nemazi, and Frank A. Angileri.


• For Appellees:
  
• Martin C. Fliesler, Fliesler Dubb Meyer & Lovejoy LLP, of San Francisco, CA, argued for defendant-cross appellant.   With him on the brief were Burt Magen, and Sarah Barone Schwartz.   Of counsel was Dennis J. Levasseur, Bodman Longley & Dahling LLP, of Detroit, MI.