A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: Jury

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.