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Court of Appeals Affirms Dismissal of Patent Suit Against MasterCard

NEW YORK, April 30, 2009 -- The Court of Appeals for the Federal Circuit issued a precedential opinion today affirming the judgment of the United States District Court for the Middle District of Florida in favor of MasterCard International Incorporated (“MasterCard”) and other defendants, in a patent infringement case brought by Every Penny Counts, Inc. (“EPC”).

Baker Botts lawyers handled the appeal for MasterCard and represented MasterCard at the District Court.

EPC had accused MasterCard of infringing five patents purportedly covering prepaid gift cards. MasterCard sought and obtained a favorable claim construction from the District Court early in the proceedings. EPC stipulated that it could not prove infringement in view of the District Court’s claim construction, and judgment of dismissal was subsequently entered.

EPC appealed to the Federal Circuit, which upheld the District Court’s claim construction, affirmed the judgment, and awarded costs to defendants.

Additional information about the IP Practice at Baker Botts is available here.

About Baker Botts L.L.P.
Baker Botts L.L.P., dating from 1840, is a leading international law firm with offices in Austin, Beijing, Dallas, Dubai, Hong Kong, Houston, London, Moscow, New York, Palo Alto (California), Riyadh and Washington. With approximately 800 lawyers, Baker Botts provides a full range of legal services to international, national and regional clients. For more information, please visit

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