Friday, November 19, 2010

No Willful Infringement as to Patents Issued After Filing of Infringement Suit

The court granted defendant's motion for judgment as a matter of law of no willful infringement of plaintiff's aircraft data transmission patents as to four of the seven patents-at-issue despite the jury's verdict to the contrary. "[W]hile the infringement proceeding revealed that [defendant] acted despite an objectively high likelihood that its actions constituted infringement of a valid patent, there is no evidence to support a finding that [defendant] was subjectively aware of this objectively defined risk at the time the [four] patents were issued and added to the present litigation."

Harris Corp. v. Federal Express Corp., 6-07-cv-01819 (FLMD November 17, 2010, Order) (Antoon, J.)

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