COMMIL USA, LLC v. CISCO SYSTEMS, INC.

Attorney(s) appearing for the Case

Mark S. Werbner, Syles Werbner, P.C., of Dallas, TX, argued for plaintiff-appellee. With him on the brief were Richard A. Sayles and Mark D. Strachan. Of counsel on the brief were Leslie V. Payne, Nathan J. Davis and Miranda Y. Jones, Heim, Payne & Chorush, of Houston, TX.

William F. Lee, Wilmer Cutler Pickering Hale and Dorr LLP, of Boston, MA, argued for defendant-appellant. With him on the brief were Mark C. Fleming, Jonathan W. Andron and Felicia H. Ellsworth; and William G. McElwain, of Washington, DC. Of counsel on the brief were Henry B. Gutman, Simpson Thacher & Bartlett LLP, of New York, New York; and Jeffrey E. Ostrow, Harrison J. Frahn, IV, Patrick E. King and Jonathan Sanders, of Palo Alto, CA.

Opinion concurring-in-part, dissenting-in-part filed by Circuit Judge O'MALLEY.