United States Federal Circuit
Whitserve, LLC. v. Whitmyer, 2011-1206
In an action for infringement of patents directed to automating delivery of professional services and technology for backing up client data, judgment of the district court is: 1) affirmed as to the jury verdict of infringement with regard to the valid claims; 2) affirmed in part as to the jury verdict finding the patent related to technology for backing up client data to be not anticipated by another patent, but the verdict regarding a disputed claim of the patent is reversed because that claim is invalid as anticipated by the other patent; 3) vacated as to the jury's damages award; 4) vacated as to the trial court's holdings regarding plaintiff's post-trial motions for a permanent injunction, compulsory license, prejudgment interest, enhanced damages, attorneys' fees, and a post-trial accounting; and 5) affirmed as to the trial court's denial of defendant's request for sanctions and fees.
Appellate Information
- Decided 08/20/2012
- Published 08/20/2012
Judges
- O'Malley
Court
- United States Federal Circuit