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United States Court of Appeals for the Federal Circuit
November 12, 2015, Decided
[*913] Moore, Circuit Judge.
We affirm the decisions by the United States District Court for the Eastern District of Virginia (1) denying BriarTek IP, Inc.'s motion to dismiss for lack of subject matter jurisdiction; (2) denying BriarTek's motion to strike portions of DeLorme Publishing Company, Inc. and DeLorme InReach LLC's (collectively, "DeLorme") summary judgment briefing; (3) granting summary judgment of invalidity of claims 1, 2, 5-12, 17, 34, and 35 of U.S. Patent No. 7,991,380 for anticipation and obviousness; and (4) awarding costs to DeLorme. We note that despite the district court's general statement in its summary judgment order that the '380 patent is invalid, the parties agree this [**2] case is limited to claims 1, 2, 5-12, 17, 34, and 35 of the '380 patent and therefore only these claims are being held invalid.
Costs to DeLorme.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
622 Fed. Appx. 912 *; 2015 U.S. App. LEXIS 19668 **
DELORME PUBLISHING COMPANY, INC., DELORME INREACH, LLC, Plaintiffs-Appellees v. BRIARTEK IP, INC., Defendant-Appellant
Notice: THIS DECISION WAS ISSUED AS UNPUBLISHED OR NONPRECEDENTIAL AND MAY NOT BE CITED AS PRECEDENT. PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.
Subsequent History: US Supreme Court certiorari denied by BriarTek IP, Inc. v. DeLorme Publ'g Co., 136 S. Ct. 1477, 194 L. Ed. 2d 555, 2016 U.S. LEXIS 1959 (U.S., Mar. 21, 2016)
Prior History: [**1] Appeals from the United States District Court for the Eastern District of Virginia in No. 1:13-cv-00640-LMBTRJ,Judge Leonie M. Brinkema.
DeLorme Publ'g Co. v. BriarTek IP, Inc., 60 F. Supp. 3d 652, 2014 U.S. Dist. LEXIS 162197 (E.D. Va., Nov. 19, 2014)
invalid, Costs, summary judgment