Opinion
No. 2007-1344.
Rehearing Denied July 24, 2008.
June 17, 2008.
Appeal from the United States District Court for the Eastern District of Virginia in case no. 1:05-CV-1267, Judge Thomas Selby Ellis, III.
Nichole W. Stafford, Wilson Sonsini, Goodrich Rosati, PC, of Austin, Texas, argued for plaintiff-appellant. On the brief were Jonathan G. Graves and John P. Moy, Cooley Godward Kronish LLP, of Reston, Virginia; Michael A. Ladra and Terry Kearney, Wilson, Sonsini, Goodrich Rosati, PC, of Palo Alto, California; Of counsel was Nathan K. Cummings, Cooley Godward Kronish LLP, of Reston, Virginia.
Jack B. Blumenfield, Morris, Nichols, Arsht Tunnell, LLP, of Wilmington, Delaware, argued for defendant-appellee. With him on the brief were Maryellen Noreika, and James W. Parrett, Jr. Of counsel was John F. Anderson, Troutman Sanders LLP, of McLean, Virginia; and Derek J. Fahnestock, Morris, Nichols, Arsht Tunnell, LLP, of Wilmington.
Before MAYER, Circuit Judge, PLAGER, Senior Circuit Judge and DYK, Circuit Judge.
The court, having considered the submissions and oral arguments of the parties, and having considered the record before and judgment of the United States District Court for the Eastern District of Virginia, holds that the findings of inequitable conduct and exceptional case, and the award of attorney fees are affirmed. Under these circumstances, we need not reach the issues of infringement and validity.