A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Jury

Phases
Phases Mason Kimbarovsky, Unsplash

We've previously talked about how Chief Judge Connolly's new form orders split patent trials into phases, with willful infringement and damages tried only if there is a finding of infringement. We noted at the time that the new form order doesn't say in which phase invalidity goes—with infringement, or afterwards?

It looked like we got an answer late last month, when Chief Judge Connolly held a phased jury trial in Magnolia Medical Technologies, Inc. v. Kurin, Inc., C.A. No. 19-97-CFC-CJB (D. Del.). There, the Court split the trial into two phases, with infringement by itself and then invalidity and damages together.

In Magnolia, the jury found infringement, so …

In his lengthy ruling on the post-trial motions in Pacific Biosciences, Chief Judge Stark also set forth his views on whether indefiniteness may be tried to a jury, an issue that seems to come up repeatedly:

[Defendant] insists that the Supreme Court's decision in Teva vs. Sandoz[, 574 U.S. 318 (2015),] made indefiniteness an issue exclusively for the court to decide. I disagree. I continue to believe that I have discretion to put . . . indefiniteness before the jury where[,] as here, there are subsidiary fact disputes that inform the indefiniteness decision as a matter of law. [Defendant] has cited no contrary Federal Circuit case.
In fact, instead, the Federal Circuit [has] made clear that indefiniteness is …

In an appeal from a Judge Battalion case in the District of Delaware, the Federal Circuit today held that—unsurprisingly—a jury may answer the fact question of whether a patent is standards essential.

It held that the argument to the contrary, that the Court must determine whether a patent is standards-essential during claim construction, was based on a misreading of precedent.