JMOL motion on invalidity or new trial fails; judgment is amended
Callaway Golf Company v. Acushnet Company, Civ. No. 06-091-SLR, April 21, 2011.
Robinson, J. Plaintiff’s motion for JMOL of no anticipation and no obviousness or for a new trial is denied; and defendant’s motion to amend the judgment is granted to enforce prior stipulation.
Plaintiff alleges infringement of various claims of four golf ball patents. Defendant stipulated to infringement following claim construction but maintained that the asserted claims were invalid as anticipated and obvious. The case was remanded from the Federal Circuit for retrial on the validity issues. Following retrial in March 2010 in which claims at trial were found invalid, plaintiff moved for JMOL of no anticipation and no obviousness or for a new trial. The court found no improper conduct of counsel or circumstances evidencing a miscarriage of justice sufficient to grant plaintiff’s motion for a new trial. The court further found that substantial evidence supported the jury’s verdict as to obviousness and, therefore, denied plaintiff’s motion for JMOL (or for a new trial) as to validity. The court amended the judgment to enforce the parties’ earlier stipulation whereby a finding of invalidity as to the patent claims at issue in the retrial would also apply to the claims defendant had stipulated to infringement.
