Cardsoft, Inc., et al v. Verifone Holdings, Inc., et al, 2-08-cv-00098 (TXED March 15, 2016, Order) (Payne, M.J.)
Thursday, March 17, 2016
Federal Circuit’s Judgment of Noninfringement Precludes New Trial on Doctrine of Equivalents
The court denied plaintiff's motion to reopen the case and conduct a new trial on infringement under the doctrine of equivalents after the Federal Circuit reversed the Court’s construction of the term "virtual machine" and entered judgment of noninfringement. "[Plaintiff] states that it did not argue Defendants infringed the Patents-in-Suit under the doctrine of equivalents at trial, and, therefore, [plaintiff] contends the 'issue was never before the appellate court' and was not part of the appellate court’s judgment of non-infringement. . . . The Federal Circuit, on appeal, entered 'judgment of no infringement as a matter of law' because by 'failing to respond to [Defendant’s] argument in the briefing, [plaintiff] effectively conceded that the accused devices' run applications in a manner that does not meet the 'virtual machine' element of the claims. The mandate enters 'judgment of no infringement as a matter of law,' and the Court, under no circumstance, can order a new trial in which a jury may reach a verdict that is contrary to law."