Tekelec, Incorporated v. Verint Systems, Incorpora

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal arises out of a contract dispute between Verint Systems, Inc. (“Ver-int”) and Tekelec, Inc. (“Tekelec”). The district court awarded summary judgment to Tekelec and denied Verint’s cross-motion for summary judgment. We affirm.

I

The facts of this case begin with a patent dispute between two corporate entities not directly involved in this appeal, Blue Pumpkin Software, L.L.C. (“Blue Pumpkin”), and IEX Corporation (“IEX”). In 2001, IEX — which was, at the time, a wholly owned subsidiary of Tekelec — filed suit against Blue Pumpkin for allegedly…