France Telecom S.A. v. Marvell Semiconductor Inc.

ORDER DENYING PLAINTIFF’S MOTION FOR NEW TRIAL; GRANTING DEFENDANT’S MOTION FOR JUDGMENT AS A MATTER OF LAW; DENYING DEFENDANT’S MOTION FOR JUDGMENT OF INVALIDITY

Re: Dkt. Nos. 351, 353, 354

INTRODUCTION

A jury found defendant Marvell Semiconductor liable for direct infringement of plaintiff France Telecom’s U.S. patent 5,446,747 (the “ ’747 patent”) and awarded France Telecom $1.7 million in damages. The jury also found Marvell Semiconductor not liable for contributory infringement, inducing infringement, or willful infringement, and rejected Marvell Semiconductor’s invalidity defenses.

France Telecom moves for a new trial pursuant to Federal Rule of Civil Procedure 59(a) on various grounds, none of which has merit. Dkt. No. 353. Its motion is DENIED. Marvell Semiconductor moves for judgment of no infringement and invalidity as a matter of law pursuant to Rule 50(b) and also moves for judgment of invalidity under Rule 52 for failure to recite patent-eligible subject matter. Dkt. No. 354. Because France Telecom failed to prove that Marvell Semiconductor used the claimed method in the United States, I must GRANT Marvell Semiconductor’s motion for judgment of no direct…