Omnibus “Post-Trial” Conference Order

Why should pretrial conferences have all the fun? The plaintiff’s request for supplemental damages and pre- and post-judgment interest was granted, and its request for an ongoing royalty granted in part in that the court set the rate at the rate the jury found, but declined to enhance it. The court did not enter judgment, and entered a briefing schedule for postjudgment motions.

WSOU JMOL #2: The Perils of Claim Construction at Trial

Several weeks ago I posted on Judge Albright’s grant of JMOL against plaintiff WSOU during a trial in October (he did the same thing against the same plaintiff in a trial in February). The written opinion on WSOU JMOL #2 came out yesterday and explains the Court’s rationale, which was based on a claim construction issue that arose during trial.

Post-Verdict Motions, Including Inequitable Conduct

Judge Gilstrap denied the defendant’s renewed motions for judgment as a matter of law, letting the jury’s award of $75,229 stand.  In a separate order, supported by findings of fact and conclusions of law, he found that the defendant had failed to establish by clear and convincing evidence its inequitable conduct defense.