JMOL granted on certain infringement and validity claims
CIF Licensing, LLC, d/b/a GE Licensing v. Agere Systems, Inc., Civil Action No.07-170-JJF, July 30, 2010.
Farnan, J. Defendant's JMOL of no direct infringement on all claims is denied; defendant's JMOL of no indirect infringement of the ‘776 patent is granted; defendant's JMOL of no infringement under a theory of component liability is granted; defendant's JMOL of no infringement under the doctrine of equivalents is denied as moot; plaintiff's JMOL that the ‘054 patent is infringed and that it is not invalid is denied in part and granted in part. Plaintiff's motion is denied with regard to indirect infringement, and granted with regard to invalidity. Plaintiff's JMOLs that the ‘758, ‘776 and the ‘641 patents are infringed and that they are not invalid are denied.
The accused products are hardware and software modems and modem systems. After a jury verdict of infringement, defendant challenges the sufficiency of the evidence as it relates to defendant’s accused products as well as the extent of plaintiff’s expert’s examination of the software source code. Defendant’s oral motions made at the close of plaintiff’s case-in-chief are proper under Rule 50(a) given the court’s stated permission to proceed accordingly.
