United States Federal Circuit

In an infringement suit involving patents relating to a method for generating a computer simulation of a live event for display on a viewer's computer, dismissal of the suit for lack of subject matter jurisdiction is affirmed in part, vacated in part, and remanded for further proceedings where, although the district court correctly held that plaintiff's asserted statute of limitations and equitable defenses were not available and that no jury trial was required on the issue of standing, it erred in denying plaintiff's request for jurisdictional discovery.

Appellate Information

• Decided 02/13/2008
• Published 02/13/2008

Judges

• Before NEWMAN, Circuit Judge, CLEVENGER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael D. Gannon, McDonnell Boehnen Hulbert & Berghoff LLP, of Chicago, IL, argued for plaintiff-appellant.   With him on the brief were Michael H. Baniak, and Christina L. Brown.


• For Appellees:
  
• Sharon R. Barner, Foley & Lardner LLP, of Chicago, IL, argued for defendant-appellee.   With her on the brief were Jonathan R. Spivey and Michael R. Houston.   Of counsel on the brief was Anat Hakim, of Washington, DC.