On Wednesday, the District Court for the Northern District of California granted defendant F5’s renewed motion for JMOL that it did not willfully infringe plaintiff Radware’s patent. The court determined that plaintiff failed to submit sufficient evidence to support the jury’s willfulness finding, even under the new preponderance of the evidence standard set forth in the Supreme Court’s Halo decision.
In a January 8, 2016 decision, the Federal Circuit reversed a grant of judgment as a matter of law of no invalidity because the district court altered its construction of a key claim term after trial, and impermissibly based its JMOL determination on the new construction. Plaintiff Wi-LAN, Inc. sued Apple in the Eastern District of Texas for infringement of a patent directed to a system for wireless data communication. The asserted claims recited a “first computing means” which, according to the patent, randomizes the data to be transmitted using a “multiplier.” Multipliers can be either “real” or “complex,” and the parties agreed that the prior art taught randomizing data using only real multipliers. At trial, the jury found the two asserted claims invalid. The jury based its verdict on the court’s construction of the term “first computing means”—a construction that did not require complex multipliers—and determined that the claims were invalid as anticipated by the prior art. Wi-LAN moved for a JMOL of no invalidity, arguing that the asserted claims did, in fact, require complex multipliers.