United States Federal Circuit

In a patent dispute involving patents directed to vending machines that sell telecommunications access, summary judgment ruling that certain claims of plaintiff's patents were invalid as anticipated under 35 U.S.C. section 102(b) is affirmed where: 1) the district court correctly placed the burden on plaintiff to come forward with evidence to prove entitlement to claim priority to an earlier filing date; and 2) the district court correctly held that there was no genuine issue of material fact regarding the asserted claims being anticipated.

Appellate Information

• Decided 04/11/2008
• Published 04/11/2008

Judges

• MOORE, Circuit Judge., Before NEWMAN, SCHALL, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Sibley P. Reppert, Lahive & Cockfield LLP, of Boston, Massachusetts, argued for plaintiffs-appellants.   With him on the brief was William A. Scofield, Jr.


• For Appellees:
  
• William F. Lee, Wilmer Cutler Pickering Hale and Dorr LLP, of Boston, Massachusetts, argued for defendant-appellee.   With him on the brief were David B. Bassett and Amr O. Aly, of New York, New York.