X hits on this document

PDF document

Attorneys for Microsoft Corporation - page 44 / 74

253 views

0 shares

0 downloads

0 comments

44 / 74

2. Sufficiency of the Evidence

In contrast to obviousness, Microsoft did move for pre-verdict JMOL regarding

anticipation based on S4. We nonetheless conclude that there was sufficient evidence

for a reasonable jury to find that the ’449 patent was not anticipated by the sale of S4.

See Bellows v. Amoco Oil Co., 118 F.3d 268, 273 (5th Cir. 1997). At trial, the jury heard

conflicting testimony on whether S4 met the “metacode map” limitation. In evaluating

the evidence, the jury was free to disbelieve Microsoft’s expert, who relied on the S4

user manual, and credit i4i’s expert, who opined that it was impossible to know whether

the claim limitation was met without looking at S4’s source code. Although the absence

of the source code is not Microsoft’s fault, the burden was still on Microsoft to show by

clear and convincing evidence that S4 embodied all of the claim limitations. The jury’s

finding of validity was supported by the testimony of the inventors (Vulpe and Owens),

as well as their faxes to an attorney regarding the patent application.

3. Jury Instructions

Microsoft also challenges the jury instructions on its burden of proving

anticipation. According to Microsoft, the burden of proof should have been less for prior

art that was not before the PTO, as was the case for Rita and DeRose.

We conclude that the jury instructions were correct in light of this court’s

precedent, which requires the challenger to prove invalidity by clear and convincing

evidence. See, e.g., Zenith Elecs. Corp. v. PDI Commc’n Sys., Inc., 522 F.3d 1348,

1363-64

(Fed.

Cir.

2008).

This

court’s

decisions

in

Lucent

Technologies,

Inc.

v.

Gateway, Inc., 580 F.3d 1301, 1311-16 (Fed. Cir. 2009), and Technology Licensing

Corp. v. Videotek, Inc., 545 F.3d 1316, 1327 (Fed. Cir. 2008), make clear that the

2009-1504

19

Document info
Document views253
Page views253
Page last viewedThu Jan 19 18:05:43 UTC 2017
Pages74
Paragraphs2162
Words19614

Comments