United States Federal Circuit

In a patent case involving patents related to cyber security and intrusion detection, summary judgment finding certain patents invalid as anticipated is affirmed in part, but reversed in part where there were genuine issues of material fact about the public accessibility of plaintiff's own "Live Traffic Analysis of TCP/IP Gateways" paper, which was the basis for one anticipation ruling.

Appellate Information

• Decided 01/08/2008
• Published 01/08/2008

Judges

• Before MAYER, RADER, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Frank E. Scherkenbach, Fish & Richardson, P.C., of Boston, MA, argued for plaintiff-appellant.   With him on the brief was Robert E. Hillman.   Also on the brief were Joshua Bleet, of Minneapolis, MN;  Howard G. Pollack, of Redwood City, CA;  Todd G. Miller and Michael M. Rosen, of San Diego, CA.


• For Appellees:
  
• Bradley A. Slutsky, King & Spalding LLP, of Atlanta, GA, argued for defendants-appellees Internet Security Systems, Inc., et al.   With him on the brief were Holmes J. Hawkins, III, Bradley A. Slutsky, and Charles A. Pannell, III. Also on the brief were Theresa A. Moehlman, Bhavana Joneja, and Ryan J. Stempniewicz, of New York, NY., Paul S. Grewal, Day Casebeer Madrid & Batchelder LLP, of Cupertino, CA, argued for defendant-appellee, Symantec Corporation.   With him on the brief were Robert M. Galvin, Renee DuBord Brown, and Geoffrey M. Godfrey.   Of counsel on the brief was Joseph FitzGerald, Symantec Corporation, of Cupertino, CA.