United States Federal Circuit

Judgment invalidating one of plaintiff's patents as indefinite and verdict finding two others invalid and not infringed, all of which relate to facilitating advertising on multiple outlets such as websites, is affirmed, where: 1) the ’045 Patent is invalid for indefiniteness because there is no explanation of how the PGP software performs the transmission function; 2) there was no error in the district court's claim construction of the terms "ad creation/processing," "selection," and "publishing," and instructed the jury to apply its constructions 3) the denial of a pre-trial motion for summary judgment of non-infringement does not, by itself, show that the district court delegated claim construction to the jury and plaintiff has not shown that any issues of claim scope were submitted to the jury; 4) the verdict was a general verdict, and therefore plaintiff waived its argument in favor of irreconcilability by failing to object to the verdict before the jury was dismissed; and 5) there was sufficient evidence to support the non-infringement verdict.

Appellate Information

• Decided 02/13/2013
• Published 02/13/2013

Judges

• REYNA

Court

• United States Federal Circuit

Counsel