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ERICSSON, INC. v. HARRIS CORP.

Nos. 02-1571, 02-1603.

352 F.3d 1369 (2003)

ERICSSON, INC. and Telefonaktiebolaget LM Ericsson, Plaintiffs/Counterclaim Defendants-Appellants, and Ericsson Components AB, Counterclaim Defendant, v. HARRIS CORPORATION Defendant/Counterclaimant-Cross Appellant, and Intersil Corporation, Defendant/Counterclaimant-Cross Appellant, and Harris Canada, Inc., Counterclaimant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied January 20, 2004.

Attorney(s) appearing for the Case

Douglas A. Cawley, McKool Smith, P.C., of Dallas Texas, argued for plaintiffs/counterclaim defendants-appellants. With him on the brief were Theodore Stevenson, III and Rosemary T. Snider. Of counsel on the brief were Donald L. Jackson and John R. Lastova, Nixon & Vanderhye P.C., of Arlington, Virginia.

Henry C. Bunsow, Howrey Simon Arnold & White, LLP, of San Francisco, California, argued for defendants/counterclaimants-cross appellants. With him on the brief were Robert C. Laurenson; and Matthew E. Hocker, Ethan B. Andelman, and Justin A. White, Howrey Simon Arnold & White, LLP of Menlo Park, California. Of counsel were Lloyd A. Farnham and Stuart L. Gasner, Keker & Van Nest, L.L.P, of San Francisco, California; and Celine T. Callahan, Howrey Simon Arnold & White, LLP, of Washington, DC.

Steven R. Schooley, Holland and Knight LLP, of Orlando, Florida, for defendant/counterclaimant-cross appellant Intersil Corporation.

Before MAYER, Chief Judge, NEWMAN and LOURIE, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 20, 2004.

Opinion for the court filed by Circuit Judge LOURIE. Opinion concurring in part and dissenting in part filed by Circuit Judge NEWMAN.

LOURIE, Circuit Judge.

Ericsson, Inc. and Telefonaktiebolaget LM Ericsson (collectively, "Ericsson") appeal from the decision of the United States District Court for the Eastern District of Texas granting judgment as a matter of law ("JMOL") that Harris Corporation...

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