United States Federal Circuit

In a patent infringement case brought against Dell, Gateway, and Toshiba involving a portable microprocessor system, summary judgment for defendants, as well as a denial of attorney's fees and costs, are affirmed where: 1) the patentee disavowed an interpretation of "portable computer" that would encompass a computer with a built-in display or keyboard; and 2) the case was not exceptional and attorney's fees were not warranted under 35 U.S.C. section 285.

Appellate Information

• Decided 03/21/2008
• Published 03/21/2008

Judges

• RADER, Circuit Judge., Before MICHEL, Chief Judge, PLAGER, Senior Circuit Judge, and RADER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Roderick G. Dorman, Hennigan, Bennett & Dorman LLP, of Los Angeles, CA, argued for plaintiff-appellant.   With him on the brief was Kevin I. Shenkman.


• For Appellees:
  
• Vito A. Canuso III, Knobbe, Martens, Olson & Bear, LLP, of Irvine, CA, argued for all defendants-cross appellants.   With him on the brief for defendants-cross appellants Toshiba America, Inc., et al., were Joseph R. Re and Edward M. Cannon.   On the brief for defendant-cross appellant Dell, Inc., were Brian K. Buss, David B. Weaver, Richard R. Ruble, and Gentry C. McLean, Vinson & Elkins, LLP, of Austin, TX. On the brief for defendant-cross appellant Gateway, Inc., were Jonathan D. Baker, W. Bryan Farney, and Mason A. Gross, Dechert LLP, of Mountain View, CA.