Evidence Not Cited In Connection With SJ Motion Also Not Considered On Appeal

Judges: Newman, Bryson (author), Pogue (International Trade Judge sitting by designation)

[Appealed from N.D. Cal., Judge Whyte]

In In re Cygnus Telecommunications Technology, LLC, Nos. 07-1328, -1329, -1330, -1331, -1332, -1333, -1354, -1361 (Fed. Cir. Aug. 19, 2008), the Federal Circuit affirmed a grant of SJ of invalidity under the on-sale bar of 35 U.S.C. § 102(b), in favor of Telesys Communications, LLC and seven other defendants (collectively "the Telesys defendants"), as well as AT&T Corp. ("AT&T"). The Federal Circuit also affirmed the dismissal of trade secret misappropriation claims against AT&T.

U.S. Patent Nos. 5,883,964 ("the '964 patent") and 6,035,027 ("the '027 patent") are directed to computerized "callback systems" that allow telephone users in foreign countries to originate phone calls in the United States to take advantage of lower U.S. billing rates. The inventor, Mr. Alleman of Paragon Services International, Inc. ("Paragon"), began