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In Lucent Technologies (Lucent) patent infringement action against Microsoft, district court's judgment against Microsoft is affirmed in part and vacated and remanded in part where: 1) district court's denial of Microsoft's motion for judgment as a matter of law (JMOL) for non-infringement is affirmed as the evidence reasonably permitted the jury to have decided that Microsoft did not prove by clear and convincing evidence that the claims would have been obvious; 2) district court's denial of Microsoft's motion for JMOL that it did not induce infringement of the patent at issue is affirmed; and 3) district court's denial of Microsoft's JMOL regarding the jury's $358 million damages award is vacated and remanded for a new trial on damages as it was not supported by substantial evidence and was against the clear weight of the evidence.
Appeal from: United States District Court for the Southern District of California
Decided September 11, 2009
For Appellant: Constatine L. Trela, Jr., Sidney Austin LLP, Robert N. Hochman and Tracy F. Flint, and Carter G. Phillips, John E. Gartman and John W. Thornburgh, Fish & Richardson, PC, Juanita Rose Brooks and Joseph P. Reid, Thomas Andrew Culbert and Stephen P. McGrath, Microsoft Corporation.