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By Howard J. Shire and Wyatt Delfino
December 30, 2013

Federal Circuit Affirms Dismissal of Customer's Third-Party-Beneficiary Claim under First-to-File

On Dec. 3, 2013, a Federal Circuit panel of Judges Reyna, Mayer, and Taranto issued a unanimous opinion, authored by Judge Taranto, in Futurewei Technologies, Inc., and Huawei Device USA, Inc. v. Acacia Research Corp., and Access Co. Ltd, and Smartphone Technologies, LLC., No. 2013-1090, upholding the district court's dismissal of plaintiff's claims in its action in the Central District of California.

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