Fed. Cir. (2002)
Favorable Judgment Obtained in Fast Ethernet Litigation
The Federal Circuit recently affirmed a judgment of non-infringement in favor of a group of defendants, including Intel, IBM, Cisco and Sun Microsystems, that manufactured and sold local area network (“LAN”) products conforming to the IEEE “Fast Ethernet” standard. Fitzpatrick partners Donald Curry and Henry Renk represented IBM in the litigation.
Datapoint Corporation (now “Dynacore Holdings”) sued IBM and the other defendants in the Eastern District of New York alleging that two Datapoint patents covered LAN products complying with IEEE Standard 802.3u, which governs devices operating on Ethernet LANs at the improved speed of 100 megabits/sec. After a five-day Markman hearing, in which both expert and fact testimony were presented, a Special Master made detailed claim construction recommendations that were adopted by the district court after de novo review. Datapoint stipulated that under that claim construction there was no infringement, and appealed to the Federal Circuit. On February 15, 2002 the Federal Circuit in a 3-0 decision affirmed the judgment of non-infringement.