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E-PASS TECHNOLOGIES, INC. v. 3COM CORP

Nos. 2006-1356, 2006-1357, 2006-1358.

473 F.3d 1213 (2007)

E-PASS TECHNOLOGIES, INC., Plaintiff-Appellant, v. 3COM CORPORATION (also known as 3Com, Inc.), Palm, Inc., Palmone, Inc. and Handspring, Inc., Defendants-Appellees, and Visa International Service Association and Visa U.S.A., Inc., Defendants-Appellees, and PalmSource, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 12, 2007.

Attorney(s) appearing for the Case

Stephen N. Weiss, Moses & Singer LLP, of New York, NY, argued for plantiff-appellant E-Pass Technologies, Inc. With him on the brief was Gregory J. Fleesler.

Edward H. Sikorski, DLA Piper Rudnick Gray Cary U.S. LLP, of San Diego, CA, argued for defendants-appellees 3Com Corporation (also known as 3Com, Inc.), et al. With him on the brief was John Allcock. Also on the brief were M. Elizabeth Day, Vincent S. Lam, and Sal Lim, of Palo Alto, CA.

William J. Bohler, Townsend and Townsend and Crew LLP, of Palo Alto, CA, for defendants-appellees Visa International Services Associates, et al. With him on the brief were Madison C. Jellins and Julie J. Han.

Mark D. Rowland, Fish & Neave IP Group of Ropes & Gray LLP, of Palo Alto, CA, argued for defendant-appellee PalmSource, Inc. With him on the brief were James T. Canfield and Andrew T. Oliver.

Before MICHEL, Chief Judge, LINN and PROST, Circuit Judges.

LINN, Circuit Judge.

E-Pass Technologies, Inc. ("E-Pass") appeals from a final summary judgment of non-infringement by the United States District Court for the Northern District of California, in which the court held that none of the defendants directly or indirectly infringed E-Pass's U.S. Patent No. 5,276,311 ("the '311 patent"). E-Pass Techs., Inc. v. 3Com Corp., Nos. 00-CV-2255, 03-CV-4747, 04-CV-0528 (N.D.Cal. Mar. 17, 2006) ("SJ Order"). Because...

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