I am [in the] GROOT [Processor]

Three postverdict orders in this case dealing with JMOLs, new trials (damages,  infringement and invalidity) & interest raise somewhat intertwined issues.  What they didn’t raise was sufficient grounds for judgment as a matter of law or a new trial in derogation of the jury’s verdict.  (In this case GROOT is a processor, specification or widget of some kind that the experts felt either did or didn’t have or do something, so I’m not totally making up the reference).

One useful observation.  In the JMOL order, Judge Gilstrap held that the defendant waived an argument at the 50(b) stage by not raising it at the 50(a) stage.  But he also observed that he would not revisit claim construction arguments at the judgment as a matter of law stage.

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