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Gammino v. Southwestern

United States Court of Appeals, Federal Circuit
Mar 25, 2008
267 F. App'x 949 (Fed. Cir. 2008)

Summary

affirming the invalidity ruling only

Summary of this case from Gammino v. Sprint Commc'ns Co.

Opinion

No. 2007-1257.

February 27, 2008. Rehearing Denied March 25, 2008.

Appeal from the United States District Court for the Northern District of Texas, No. 3:05-CV-0850, Ed Kinkeade, Judge.

W. Mark Mullineaux, Flamm, Boroff Bacine, PC, of Blue Bell, Pennsylvania, argued for plaintiff-appellant. With him on the brief were Mark B. Schoeller and Joseph R. Carnicella.

Roger Fulghum, Baker Botts L.L.P., of Houston, Texas, argued for defendant-appellee. With him on the brief were Scott F. Partridge, Shira R. Yoshor, Michael Hawes, Steven J. Mitby, and Robinson Vu. Of counsel on the brief were Timothy G. Newman and Russell W. White, Larson Newman Abel Polansky White LLP, of Austin, Texas.

Before BRYSON and MOORE, Circuit Judges, and WOLLE, District Judge.

Honorable Charles R. Wolle, Senior District Judge, United States District Court for the Southern District of Iowa, sitting by designation.


In a thorough opinion, the United States District Court for the Northern District of Texas held that the asserted claims of the two patents at issue in this litigation, U.S. Pat. No. 5,809, 125 and U.S. Pat. No. 5,812,650, are anticipated by prior art and therefore are invalid under 35 U.S.C. § 102(b). We affirm for the reasons stated in the district court's opinion. No purpose would be served by simply retracing the analysis of the district court, which is fully sufficient to resolve this appeal. In light of our disposition of the invalidity claim, we need not address the district court's ruling on the motion for summary judgment of non-infringement.


Summaries of

Gammino v. Southwestern

United States Court of Appeals, Federal Circuit
Mar 25, 2008
267 F. App'x 949 (Fed. Cir. 2008)

affirming the invalidity ruling only

Summary of this case from Gammino v. Sprint Commc'ns Co.
Case details for

Gammino v. Southwestern

Case Details

Full title:John R. GAMMINO, Plaintiff-Appellant, v. SOUTHWESTERN BELL TELEPHONE L.P.…

Court:United States Court of Appeals, Federal Circuit

Date published: Mar 25, 2008

Citations

267 F. App'x 949 (Fed. Cir. 2008)

Citing Cases

Gammino v. Sprint Communications Co. L.P.

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Gammino v. Sprint Commc'ns Co.

The Texas court then granted summary judgment of invalidity, holding that the "asserted claims" were invalid…