United States Federal Circuit

A stipulated final judgment of noninfringement of a patent disclosing a color processing system for producing copies of color originals is vacated where the district court erred in its construction of "aesthetic correction circuitry," and erred in its decision to grant Microsoft's motion to exclude Windows as an accused instrumentality. Further, plaintiff's appeal is dismissed in part as moot, and defendants' cross-appeals are dismissed.

Appellate Information

• Decided 09/13/2006
• Published 09/13/2006

Judges

• Before MICHEL, Chief Judge, FRIEDMAN, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William C. Rooklidge, Howrey LLP, of Irvine, California, argued for plaintiffs-appellants.   With him on the brief was Russell B. Hill. Of counsel on the brief was Tom Crunk, of Los Angeles, California.


• For Appellees:
  
• Jeffrey D. Sanok, Crowell & Moring LLP, of Washington, DC, argued for defendants-cross appellants Corel Corp. and Corel Inc. With him on the brief was Richard McMillan, Jr. Of counsel on the brief was Dennis R. Gallagher, of Irvine, California., Roy W. Hardin, Locke Liddell & Sapp, LLP, of Dallas, Texas, argued for defendant-cross appellant Microsoft Corporation.   With him on the brief was M. Scott Fuller.   Of counsel on the brief was Isabella E. Fu, Microsoft Corporation, of Redmond, Washington., David P. Enzminger, O'Melveny & Myers LLP, of Los Angeles, California, argued for defendants-cross appellants Roxio, Inc. and MGI Software, Inc. With him on the brief was Ryan K. Yagura.