United States Federal Circuit

In a patent suit over technology for routing toll-free telephone calls to appropriate service locations, judgments of infringement, invalidity, and tortious interference are affirmed in part, reversed in part, vacated in part, and remanded where: 1) an error of claim construction permitted the jury to make incorrect findings that defendant had infringed plaintiff's patents; 2) unasserted claims of defendant's patents could not be judged invalid; 3) defendant was entitled to a new trial on the validity of two of its asserted claims; and 4) a tortious-interference claim was preempted by federal law in the absence of a showing of bad faith on the part of defendant.

Appellate Information

• Decided 08/29/2008
• Published 08/29/2008

Judges

• PLAGER, Senior Circuit Judge., Before GAJARSA, Circuit Judge, PLAGER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Stephen D. Milbrath, Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A., of Orlando, FL, argued for plaintiff-appellee.   With him on the brief were Brian R. Gilchrist and Stephen H. Luther., William F. Lee, Wilmer Cutler Pickering Hale and Dorr, LLP, of Boston, MA, argued for defendants-appellants.   With him on the brief were Lisa J. Pirozzolo and Benjamin M. Stern, and Paul R.Q. Wolfson, of Washington, DC.