NCR argued that substantial evidence did not support the jury’s infringement findings related to several claim limitations. (2) Substantial evidence supported the jury’s infringement findings of the asserted patents. It noted that (1) the instruction, read as a whole, instructed the jury properly to look at each claim and (2) if the instruction were in error, NCR’s proposed instruction did not clarify the error. CoC countered by pointing to the immediately preceding instruction language that CoC claimed provided the clarity the jury needed.Īpplying Fifth Circuit law, the court did not find NCR’s argument persuasive. By not clarifying the burden, NCR argued, the jury instruction conflated use by the end user with use by NCR and improperly allowed the jury to find infringement. NCR contended that the jury instruction did not properly clarify CoC’s burden to show that NCR controlled and benefited from each element of the claimed system as well as the system as a whole. NCR argued that a new trial was necessary because of an instructional error to the jury. (1) The jury was not erroneously instructed. Judge Albright, in denying the motion, rejected NCR’s claims that (1) the jury was erroneously instructed, (2) the jury’s infringement findings were not supported by substantial evidence, (3) the asserted patents were invalid, (4) CoC had not proved willfulness, and (5) the jury’s damages award was not supported by substantial evidence. NCR later filed a Rule 50(b) Motion for JMOL and, alternatively, a Rule 59 Motion for a New Trial on August 10, 2021. The jury awarded CoC lump-sum damages of $13.2 million. On May 17, 2021, following a four-day trial, the jury found that NCR had willfully infringed twelve claims of the asserted patents. Plaintiff CloudofChange, LLC (“CoC”) accused NCR of infringing two patents related to web-based point-of-sale (“POS”) systems. On October 27, 2022, Judge Albright denied Defendant NCR Corporation’s (“NCR”) Rule 50(b) Motion for Judgment as a Matter of Law or, Alternatively, a New Trial. International Trade, Customs & Export Controls.Environmental & Energy Compliance & Counseling.Aviation Structured Finance & Securitization.Technology, New Media & Telecommunications Health Care Litigation & Investigations.Health Care Employee Benefits & Executive Compensation.Energy & Infrastructure - Other Infrastructure.Oil & Gas - Oilfield Services & Equipment.White Collar, Regulatory Defense & Investigations.Government Program Fraud, False Claims Act, and Qui Tam Litigation.Bankruptcy & Distressed Company Litigation.Executive Compensation Plans & Agreements.Unfair Competition, Restrictive Covenants & Trade Secrets.Employment Law Advice, Counseling & Training.Discrimination, Harassment, Retaliation & Wrongful Termination Litigation.California Employment Counseling & Litigation.Labor, Employment, Employee Benefits & Executive Compensation Patent Trial & Appeal Board Proceedings.International Trade Commission – Section 337 Litigation.Brand Enforcement / Trademark Litigation.Environmental, Social, and Governance (ESG).Transactions - Latin America & Caribbean.Special Purpose Acquisition Companies (SPACs).International Trade, CFIUS, Customs, Export Controls & Sanctions.Financial Services Regulatory/Compliance.European Competition & Regulatory Advice.Asia Competition & Antitrust Counseling.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |