International Business MacHines Corporation v. Anagnostis E. Zachariades Polteco, Inc.

70 F.3d 1278 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. INTERNATIONAL BUSINESS MACHINES CORPORATION, Plaintiff-Appellant, v. Anagnostis E. ZACHARIADES; Polteco, Inc., Defendants-Appellees. No. 94-15388. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 18, 1995. Decided Nov. 22, 1995. Before: SKOPIL, PREGERSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 IBM appeals the district court's grant of summary judgment, contending that the court erred by ruling that IBM's action is time-barred. We agree with the district court that the statute of limitations precludes some of IBM's claims. We disagree, however, that all of IBM's claims are barred. Accordingly, we affirm in part and reverse in part. I. 3 The district court ruled that IBM's action is time-barred because the limitations period for all of IBM's claims commenced with the issuance of the '163 patent in May 1986. The district court relied upon Monolith Portland Midwest Co. v. Kaiser…