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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

Counsel

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