United States Federal Circuit

Because plaintiff's communications asserting infringement of its patent were not objectively baseless, defendant's state-law tort and unfair competition claims are preempted. District court's construction of the prevent limitation was incorrect; summary judgment of non-infringement of the license file means and prevent limitations was improper.

Appellate Information

• Decided 03/23/2004
• Published 03/23/2004

Judges

• DYK, Circuit Judge., Before LINN, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Bruce A. Wessel, Irell & Manella LLP, of Los Angeles, CA, argued for plaintiff-cross appellant and third party defendant-appellee.   With him on the brief were Iian D. Jablon and Jason G. Sheasby., John I. Alioto, Alioto & Alioto LLP, of San Francisco, CA, argued for defendants/third party plaintiffs-appellants.   With him on the brief was Linda M. Alioto.