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."

Cardsoft, Inc., et al v. Verifone Holdings, Inc., et al, 2-08-cv-00098 (TXED March 15, 2016, Order) (Payne, M.J.)