United States Federal Circuit

In this patent infringement action, plaintiff MobileMedia filed suit against defendant Apple, asserting infringement of sixteen of its patents by various Apple products, specifically the iPhone 3G, iPhone 3GS, and iPhone 4 products. Defendant appeals the district court's judgment finding claim 73 of the '078 patent and claim 23 of the '068 patent to be infringed and not invalid, while plaintiff cross-appeals from the district court's judgment finding certain claims of the '075 patent and the '231 patent not to be infringed, and finding the '075 patent to be invalid. The district court's judgment is reversed as to the judgment that the '078 patent is infringed, reversed as to the judgment that the '068 patent is not invalid, affirmed as to the judgment that the '075 patent is invalid, vacated as to the judgment that the '231 patent was not infringed, and remanded for further proceedings, where: 1) substantial evidence supports the jury's determination that the '078 patent is not invalid and no reasonable jury could find that claim 73 of the '078 patent is infringed by defendant's accused iPhones; 2) no reasonable jury could conclude that claim 23 of the '068 patent is not invalid as obvious under 35 U.S.C. section 103; 3) no reasonable jury could conclude that the claims of the '075 patent are not invalid as obvious in view of the GSM 04.08 and 04.83 protocols; and 4) the district court's claim construction as to the '231 patent of "to change a volume of the generate alert sound" was erroneous.

Appellate Information

• Decided 03/17/2015
• Published 03/17/2015

Judges

• Chen

Court

• United States Federal Circuit

Counsel