MAYER, Chief Judge, eoncurring-in-part and dissenting-in-part. I join the court’s opinion as it pertains to the validity and infringement of the ’308 patent, and agree that the jury’s verdict on fraud cannot stand. I join Judge Bryson’s opinion sustaining the jury verdict on M3’s antitrust counterclaim and remanding. My views on the validity of the ’056 patent follow.…
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