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to conclude that the relevant “material or apparatus” was the custom XML editor, not all

of Word. Accordingly, the jury was properly instructed that it should focus on the editor,

not all of Word. See Ricoh Co. v. Quanta Computer Inc., 550 F.3d 1325, 1337 (Fed.

Cir. 2008).

B. Sufficiency of the Evidence

Microsoft also challenges the sufficiency of evidence supporting the jury’s

general

verdict

of

infringement.

Infringement

is

a

question

of

fact.

Because

infringement was tried to a jury, we review the verdict only for substantial evidence.

ACCO Brands, Inc. v. ABA Locks Mfrs. Co., 501 F.3d 1307, 1311 (Fed. Cir. 2007).

Before we consider the evidence, we pause briefly to address what errors are

fatal to a general verdict. Different rules apply depending upon whether the flaw is in

the legal theory or the evidence. We must set aside a general verdict if the jury was told

it could rely on any of two or more independent legal theories, one of which was

defective. Walther, 952 F.2d at 126; see Northpoint Tech., Ltd. v. MDS Am., Inc., 413

F.3d 1301, 1311-12 (Fed. Cir. 2005). However, we will not set aside a general verdict

“simply because the jury might have decided on a ground that was supported by

insufficient evidence.” Walther, 952 F.2d at 126 (emphasis added). We will uphold

such a verdict if there was sufficient evidence to support any of the plaintiff’s alternative

factual theories; we assume the jury considered all the evidence and relied upon a

factual theory for which the burden of proof was satisfied. See Northpoint Tech., 413

F.3d at 1311-12.

In this case, Microsoft argues that the general verdict must be set aside unless

both of i4i’s alternative legal theories, contributory infringement and induced

2009-1504

22

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