• Sep 28 2018
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  • Category: CAFC Updates

The Wisconsin Alumni Research Foundation (“WARF”) sued Apple Inc. for infringement of U.S. Patent No. 5,781,752 relating a specific prediction technique for computer processors that execute a computer program’s instructions “out-of-order” to improve computer performance. A jury found Apple liable for infringement and awarded over $234 million in damages. The district court denied Apple’s post-trial motions for judgment as a matter of law and for a new trial. Applying the plain and ordinary meaning of the term “particular,” and drawing all reasonable inferences from the evidence in favor of WARF, the CAFC concludes that there is insufficient evidence to support the jury’s finding that Apple’s products literally satisfy the “particular” limitation and no reasonable juror could have found infringement based on the evidence presented during the liability phase of trial. Accordingly, the CAFC reverses the district court’s denial of Apple’s motion for judgment as a matter of law. With respect to invalidity, the CAFC agrees with the district court’s claim construction, which, rather than improperly reading a limitation from the preferred embodiment into the claims, properly reads the claim term in the context of the entire patent. Thus, the CAFC affirms the grant of summary judgment in favor of WARF.

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