United States Federal Circuit

In a patent case involving a mobile communication system, summary judgment finding that certain patent claims were anticipated by a particular reference is affirmed where the only argument raised on appeal was an issue of fact never presented to the district court, and a remand was unwarranted as the argument was raised without any justification for the first time on appeal.

Appellate Information

• Decided 05/21/2008
• Published 05/21/2008

Judges

• MOORE, Circuit Judge., Before MICHEL, Chief Judge, NEWMAN and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Duncan C. Turner, Badgley-Mullins Law Group, PLLC, of Seattle, WA, argued for plaintiff-appellant.


• For Appellees:
  
• David A. Nelson, Latham & Watkins LLP, of Chicago, IL, argued for defendant-appellee.   With him on the brief was David C. McKone.