Promega Corporation, et. al. v. Life Technologies Corporation, 3-10-cv-00281 (WIWD September 13, 2012, Order) (Crabb, J.).
Monday, September 17, 2012
$50 Million Verdict Overturned Because Plaintiff Failed to Prove Infringing Products Were Made or Imported Into the United States
The court granted defendants' renewed motion for judgment as a matter of law of noninfringement under 35 U.S.C. § 271(a) and overturned the jury's $50 million verdict because plaintiff failed to present evidence that all of the accused kits were made or imported into the U.S. "With respect to § 271(a), plaintiff relies entirely on [defendant's employee's] testimony. However, she admitted she did not know where all the kits were made. And. . . she admitted she did not know whether foreign orders came through the United States. Accordingly, even if the jury were to ignore all the evidence that many of the accused products are not made in or imported into the United States, it could not find reasonably from [her] testimony that all of defendants’ sales infringed under § 271(a). . . . In addition, because plaintiff did not seek a new trial on damages in the event the court reached this conclusion, that issue is waived."