Thursday, January 21, 2016

Jury Instructions and Verdict Form Tying Infringement and Validity Did Not Motivate Jury to Find Patents Invalid

The court denied defendant's motion for a new trial and rejected defendant's argument that the verdict form inappropriately tied invalidity and infringement together and motivated the jury to find the asserted patents invalid. "[Defendant] alternatively moves the Court to grant a new trial on invalidity because the Verdict Form was prejudicial against [defendant] for two reasons: (a) invalidity and infringement were tied together on the Verdict Form, and (b) the Verdict Form inappropriately motivated the jury to find invalidity to avoid having to make infringement findings on approximately 3,100 items. . . . [P]rior to the Court reading the jury instructions and giving the jury the Verdict Form, the Court addressed and rejected [defendant's] contention that the Verdict Form inappropriately motivated the jury to find invalidity to avoid having to make infringement findings on approximately 3,100 items. . . . [Defendant's] contention that it was improper to preclude the jury from making a finding on infringement once the jury concluded the patents were invalid is not supported by applicable law. Therefore, the Court rejects [defendant's] argument that it was prejudiced by invalidity and infringement being tied together on the Verdict Form."

Everlight Electronics Co., Ltd., et al v. Nichia Corporation, et al, 4-12-cv-11758 (MIED January 19, 2016, Order) (Drain, J.)

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