Wi-LAN Inc. v. HTC Corp., 2:11-CV-68-JRG (4/3/14)
Judge: Rodney Gilstrap
Holding: Plaintiff's Motion for Judgment Setting Aside Invalidity Finding Granted; Finding of Noninfringement Upheld
Last fall a Marshall jury in Judge Rodney Gilstrap's court held unanimously that defendant Apple did not infringe the two asserted claims, and that both of the asserted claims were invalid. Plaintiff subsequently filed a motion for judgment as a matter of law asking Judge Gilstrap to set aside both the infringement and the invalidity findings.
With respect to invalidity, the Court stated that it was "unable to find the jury's finding as to invalidity of claims 1 and 10 of the' 802 patent is supported by substantial evidence," and accordingly set aside the jury's verdict of invalidity. With respect to noninfringement, however, the Court concluded that a reasonable jury could have, and in fact did, find noninfringement, and therefore that the plaintiff had failed to meet its burden of persuasion on this issue to overturn the jury's verdict noninfringement.
The plaintiff also moved for a new trial with respect to both invalidity and infringement, adding an argument that defendant Apple allegedly confused the jury. Judge Gilstrap noted that if Apple's evidence seemed to the plaintiff to be improper, the burden shifted to the plaintiff to object, and if the objection was overruled, cross-examine the witnesses on the correctness or relevance of the testimony. However the record indicated that there were no such objections to these questions during the course of the trial, therefore Judge Gilstrap concluded that the plaintiff had waived any objection on the issue.