Federal Judiciary

Judgment as a matter of law granted on joint infringement issue

By Michael C. Smith

Golden Hour Data Systems, Inc. v. emsCharts, Inc. et al, 2:06-cv-381 (April 3, 2009)
Judge Ward.
This is the case in which Judge Ward found the patent unenforceable due to inequitable conduct two weeks ago, following entry of the jury verdict in plaintiff's favor last December.  This order resolved the defendant's motion for judgment as a matter of law with respect to the jury's finding of joint infringement, which argued that there was insufficient evidence presented at trial to prove the requisite ?control? or ?direction? needed to find joint infringement of any of the asserted claims.  Judge Ward agreed, finding that there was no legally sufficient evidentiary basis to find that emsCharts and Softtech jointly infringe claims 1, 6-8, 10 and 12-22 of the ?073 patent.

Full post as published by Eastern District of Texas Federal Court Practice on April 03, 2009 (boomark / email).