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USHIP INTELLECTUAL PROPERTIES, LLC v. U.S.

No. 2012-5077.

714 F.3d 1311 (2013)

USHIP INTELLECTUAL PROPERTIES, LLC, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and International Business Machines Corporation, Third Party Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 8, 2013.

Attorney(s) appearing for the Case

Charles J. Cooper, Cooper & Kirk, PLLC, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Vincent J. Colatriano.

David M. Ruddy, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendantappellee. With him on the brief were Stuart F. Delery, Acting Assistant Attorney General, John J. Fargo, Director, and Scott D. Bolden, Assistant Director. Of counsel on the brief was Michael F. Kiely, United States Postal Service, Law Department, of Washington, DC. Of counsel was Gary Lee Hausken.

John M. Desmarais, Desmarais, LLP, of New York, New York, argued for third party defendant-appellee. Of counsel on the brief were Steven C. Cherny, Kirkland & Ellis LLP, of New York, New York; John C. O'Quinn, William H. Burgess and Joseph F. Edell, of Washington, DC.

Before DYK, BRYSON, and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Uship Intellectual Properties, LLC (Uship) appeals from the judgment of the Court of Federal Claims (CFC) that the United States (the government) and IBM Corporation (IBM) do not infringe certain claims of U.S. Patent Nos. 5,831,220 ('220 patent) and 6,105,014 ('014 patent). Uship challenges the CFC's construction of two disputed claim terms. Because we agree with the CFC's construction of one of the terms, we affirm.

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