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Appealed from: U.S. District Court for the Eastern District of Virginia Judge Jerome B. Friedman United States Court of Appeals for the Federal Circuit

Fantasy Sports Properties, Inc. appeals from the decisions of the United States District Court for the Eastern District of Virginia granting SportsLine.com, Inc.’s, Yahoo! Inc.’s, and ESPN/Starwave Partners’ (collectively, “the defendants’”) motions for summary judgment of noninfringement of Fantasy’s U.S. Patent 4,918,603. Fantasy Sports Props., Inc. v. SportsLine.com, Inc., No. 2:99cv2131 (E.D. Va. June 27, 2000) (granting summary judgment in favor of Yahoo!) (“Fantasy I”); Fantasy Sports Props., Inc. v. SportsLine.com, Inc., No. 2:99cv2131 (E.D. Va. Jan. 25, 2001) (granting summary judgment in favor of SportsLine and ESPN) (“Fantasy II”). Yahoo! cross-appeals the court’s denial of its motion for attorney fees and costs, Fantasy Sports Props., Inc. v. SportsLine.com, Inc., No. 2:99cv2131 (E.D. Va. Jan. 25, 2001) (“Fantasy III”), and also moves this court on appeal to strike certain material included by Fantasy in the joint appendix. Because the district court did not err in determining that Yahoo! and ESPN do not infringe as a matter of law and in denying Yahoo’s motion for attorney fees and costs, we affirm those decisions. Because, however, we conclude that there exists a genuine issue of material fact as to whether SportsLine’s Commissioner.com product infringes the ’603 patent, we vacate the court’s grant of summary judgment of noninfringement with respect to that product and remand for further proceedings.

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