Misconstruction of claim construction did not support grant of JMOL
McKesson Automation, Inc. v. Swisslog Italia S.P.A. and Translogic Corporation, Civ. No.06-028-SLR, January 12, 2012.
Robinson. J. Renewed motion for JMOL and motion for new trial or to alter or amend judgment are denied.
This patent infringement case involves claims to an automated system for retrieving packages containing medication to fill prescription orders in a pharmacy. A six-day jury trial commenced on March 21, 2011. The jury found the patents valid but not infringed; and the court entered judgment in accordance with the verdict. Plaintiff thereafter filed a renewed motion for JMOL on the issue of infringement and a motion for new trial, or alternatively to alter or amend the judgment. Both motions were denied. Plaintiff’s argument misconstrues the court’s claim construction. A new trial is not necessary because a particular term was not construed.
