United States Federal Circuit

The district court's grant of judgment as a matter of law (JMOL) that plaintiff's '668 patent is anticipated by its own prior art thermometer and in favor of defendant on plaintiff's unjust enrichment claim is: 1) vacated in part and remanded, where defendant failed to preserve its right to JMOL on anticipation; but 2) affirmed in part with regard to the unjust enrichment claim and its conditional grant of a new trial on anticipation.

Appellate Information

• Decided 07/14/2014
• Published 07/14/2014

Judges

• PROST

Court

• United States Federal Circuit

Counsel