United States Federal Circuit

In a patent infringement suit relating to "fantasy football" computer programs, a "bonus points" limitation is construed to mean additional points awarded beyond those given in an actual game for unusual scoring plays, and two defendants' use of differing points systems in their programs did not infringe as a matter of law; remanded for "direct infringement analysis" of third defendant's software.

Appellate Information

• Decided 04/24/2002
• Published 04/24/2002

Judges

• LOURIE, Circuit Judge., Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LOURIE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Dean D. Niro,Niro, Scavone, Haller & Niro, of Chicago, IL, argued for plaintiff-appellant.   With him on the brief was Raymond P. Niro. Of counsel was William L. Niro.


• For Appellees:
  
• Barry G. Magidoff, Greenberg Traurig LLP, of New York, NY, argued for defendant-appellee Sportsline.Com, Inc. With him on the brief was Paul J. Sutton., Thomas H. Shunk, Baker & Hostetler, LLP, of Cleveland, OH, argued for defendant-appellee ESPN/Starwave Partners (dba ESPN Internet Ventures & EIV Ventures)., Michael A. Jacobs, Morrison & Foerster LLP, of San Francisco, CA, argued for defendant-cross appellant.   With him on the brief was John P. Corrado, of Washington, DC.