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Interactive Gift Express, Inc. v. Compuserve Incorporated

Because the district court erred in at least one aspect of its construction of each of the five claim limitations, the judgment of noninfringement of the patent, which provides a system for the distributed manufacture and sale of material objects at multiple locations directly serving consumers, is vacated.

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Appealed from: United States District Court for the Southern District of New York Judge Barbara S. Jones

ORDER

A combined petition for panel rehearing and rehearing en banc was filed by Broderbund Software, Inc. (“Broderbund”) and Intuit, Inc. (“Intuit”), and joined in by Waldenbooks, The Library Corporation, Internet Software, Inc. (now known as Internet Shopping Network, Inc.), Compuserve, Inc., and Telebase Systems, Inc. (now known as CDnow, Inc.). A response thereto was invited by the court and filed by Interactive Gift Express, Inc. (now known as E-Data, Inc.) (“IGE”). Leave to file a reply to IGE’s response was requested by, and granted to, Broderbund and Intuit, and a reply was filed. Thereafter, these filings were referred to the merits panel that heard the appeal and then referred, along with the panel’s new opinion, to the circuit judges who are in regular active service.

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