United States Federal Circuit

In a patent infringement suit involving a patent disclosing a method of scanning for and detecting computer viruses embedded in data files that are downloaded or copied from a remote server onto a computer, summary judgment of non-infringement of various claims of the asserted patent is vacated as to non-infringement and invalidity where the district court erred in its construction of the claim terms "a method of screening data as it is being transferred," "destination storage medium," "computer," and "computer system". On cross-appeal, the lower court's decision on laches, inequitable conduct, and inventorship is affirmed.

Appellate Information

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

Judges

• DYK, Circuit Judge., Before GAJARSA, LINN, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Gerry J. Elman, Elman Technology Law, P.C, of Swarthmore, Pennsylvania, for counterclaimant-cross-appellant.


• For Appellees:
  
• David A. Nelson, Latham & Watkins LLP, of Chicago, Illinois, argued for plaintiff/counterclaim defendant-appellant.   With him on the brief was Mark A. Flagel, of Los Angeles, California.   On the brief were Daniel A. Boehnen, George I. Lee, and Jeffrey A. Steck, McDonnell Boehnen Hulbert & Berghoff LLP, of Chicago, Illinois.   Of counsel on the brief was Joseph Fitzgerald, Symantec Corp., of Cupertino, California., Michael A. Nicodema, Greenberg Traurig LLP, of New York, New York, argued for defendant/counterclaimant-cross appellant.   With him on the brief was Gaston Kroub.