"The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision Wednesday reversing a district court's denial of judgment as a matter of law (JMOL) of non-infringement and vacating a damages award in favor of Finesse Wireless LLC. The CAFC said there was a lack of substantial evidence to support the jury's verdicts finding AT&T Mobility and Nokia (AT&T) infringed two of Finesse's radio signal interference mitigation patents."
"With respect to the '134 patent, the CAFC agreed with AT&T that Finesse 'failed to show the accused radios sample the 'signals of interest' and 'interference generating signals,' mostly due to Finesse's expert's misinterpretation of a Nokia technical document depicting how the accused radios operate. While the jury found all of the asserted claims of the '134 patent were infringed following Finesse's expert testimony, and the district court upheld the verdict,"
The CAFC reversed a district court's denial of judgment as a matter of law and vacated a damages award after finding insufficient evidence that AT&T infringed two Finesse patents directed to mitigating intermodulation product interference. The court identified failures in proof for the '134 patent, noting the accused radios were not shown to sample the claimed signals and that the plaintiff's expert misinterpreted a Nokia technical document. The court described the expert testimony as confusing and unclear and held that a contradictory expert presentation can render the evidence insufficient to meet the plaintiff's burden of proof.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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