United States Federal Circuit

In a patent dispute concerning the technology that enables a mobile user to receive wireless email, a jury verdict of infringement should be set aside based on the prejudicial effect of the district court's erroneous claim construction of the term "originating processor."

Appellate Information

• Decided 08/02/2005
• Published 08/02/2005

Judges

• Before MICHEL, Chief Judge, SCHALL, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Philip C. Swain, Foley Hoag LLP, of Boston, Massachusetts, filed an amicus curiae brief for the Canadian Chamber of Commerce.   With him on the brief was Carla Miriam Levy., Homer E. Moyer, Jr., Miller & Chevalier, Chartered, of Washington, DC, filed an amicus curiae brief for The Government of Canada.   With him on the brief was Michael T. Brady., Linda S. Resh, Kirkland & Ellis LLP, of Chicago, Illinois, filed an amicus curiae brief for the Information Technology Association of Canada.   With her on the brief was Craig D. Leavell., Susan A. Cahoon, Kilpatrick Stockton LLP, of Atlanta, Georgia, filed an amicus curiae brief for Earthlink, Inc. With her on the brief was Kristin J. Doyle.


• For Appellees:
  
• Henry C. Bunsow, Howrey Simon Arnold & White, LLP, of San Francisco, California, filed a combined petition for panel rehearing and rehearing en banc for defendant-appellant.   With him on the petition were Robert C. Laurenson, of Irvine, California, and David W. Long, of Washington, DC., James H. Wallace, Jr., Wiley, Rein & Fielding LLP, of Washington, DC, filed a response to the petition for plaintiff-appellee.   With him on the response were John B. Wyss, Gregory R. Lyons, Scott E. Bain, Floyd B. Chapman, and Kevin P. Anderson.