Friday, March 5, 2010

Conflicting Claim Constructions Preclude Finding of Willfulness

The court granted defendant's renewed motion for judgment as a matter of law of no willful infringement where a court in a related case issued a claim construction favoring defendant. "In spite of the jury’s verdict, the court cannot ignore the contrary claim construction issued by [a judge in a related case]. . . . Although the undersigned disagrees with the claim construction provided by [the other court], I cannot characterize his conclusions as unreasonable. Consequently, the court finds that [defendant] maintained a reasonable non-infringement defense, one that entitles it to a finding of non-willfulness. Indeed, it would be difficult to conjure up a defense which would be more 'reasonable' than one expressly adopted by a federal judge, albeit in conflict with a second federal judge."

Arlington Industries v. Bridgeport Fittings, 3-01-cv-00485 (PAMD March 2, 2010, Memorandum & Order) (Conner, J.)

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