A three-judge panel at the U.S. Court of...
A three-judge panel at the U.S. Court of Appeals for the Federal Circuit partially reversed a U.S. District Court ruling that IBM, eBay, Adobe, Cisco Systems, Oracle, PayPal, SAS Institute, Sun Microsystems, SAP, Software AG and Sybase violated three TecSec-owned…
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patents on data encryption technology. U.S. District Judge Leonie Brinkema had ruled in a 2011 case in Alexandria, Va., that the software companies had not infringed on six TecSec encryption patents. TecSec appealed Brinkema’s ruling on three of the patents -- U.S. Patent 5,369,702, Patent 5,680,452 and Patent 5,898,781. The appeals court affirmed Brinkema’s ruling on Patents 5,680,452 and 5,898,781, but reversed the finding that the Patent 5,369,702 specification “failed to provide sufficient structure corresponding to these means-plus-function limitations.” Judge Jimmie Reyna dissented in the case, arguing that the Federal Appeals Court had issued a previous ruling in 2012 on the case that “summarily affirmed the district court’s grant of summary judgment of noninfringement. ... I believe that entertaining this appeals gives TecSec a second bite at the apple and undermines the utility of Rule 36” (http://1.usa.gov/1eZRCJZ). Federal Circuit Rule 36 allows the court to issue a judgment without an attached opinion under certain circumstances. The court’s first ruling on the TecSec case was issued without an attached opinion under Rule 36.