United States Federal Circuit

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Netcraft Corp. v. eBay, Inc., 2008-1263

In a patent infringement suit over internet billing methods, summary judgment for defendants is affirmed where the claim language "providing a communications link through equipment of the third party" was properly construed to require providing customers with internet access.

Appellate Information

  • Decided 12/09/2008
  • Published 12/09/2008

Judges

  • PROST, Circuit Judge., Before BRYSON, LINN, and PROST, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Frank E. Scherkenbach, Fish & Richardson P.C., of Boston, Massachusetts, argued for plaintiff-appellant.   With him on the brief were Robert E. Hillman and Craig R. Smith;  and Michael J. Kane and William R. Woodford, of Minneapolis, Minnesota.

  • For Appellees:
  • Morgan Chu, Irell & Manella LLP, of Los Angeles, California, argued for defendants-appellees.   With him on the brief were Samuel K. Lu and C. Maclain Wells.