No. 18-1508

Wisconsin Alumni Research Foundation v. Apple Inc.

Lower Court: Federal Circuit
Docketed: 2019-06-07
Status: Denied
Type: Paid
Tags: claim-construction de-novo-review due-process JMOL jury-fact-finding jury-fact-findings jury-findings jury-trial patent-infringement procedural-due-process remand seventh-amendment standard-of-review teva-v-sandoz
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Where the district court properly instructed the jury to give a claim limitation its "plain and ordinary meaning as viewed from the perspective of a [POSITA]," does Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., 135 S.Ct. 831 (2015), allow the Federal Circuit to construe that limitation de novo, giving no deference to the jury's implicit fact findings regarding a POSITA's understanding?

2. May the Federal Circuit apply a new claim construction issued on appeal to grant JMOL based on a trial record developed without that construction, instead of remanding for proceedings consistent with the new claim construction?

Question Presented (AI Summary)

Whether the Federal Circuit can construe a claim limitation de novo, disregarding the jury's implicit fact findings on the plain and ordinary meaning to a person of ordinary skill in the art

Docket Entries

2019-10-07
Petition DENIED.
2019-08-21
DISTRIBUTED for Conference of 10/1/2019.
2019-08-05
Brief of respondent Apple Inc. in opposition filed.
2019-06-21
Motion to extend the time to file a response is granted and the time is extended to and including August 7, 2019.
2019-06-18
Motion to extend the time to file a response from July 8, 2019 to August 7, 2019, submitted to The Clerk.
2019-06-05
Petition for a writ of certiorari filed. (Response due July 8, 2019)
2019-03-29
Application (18A977) granted by The Chief Justice extending the time to file until June 6, 2019.
2019-03-27
Application (18A977) to extend the time to file a petition for a writ of certiorari from April 7, 2019 to June 6, 2019, submitted to The Chief Justice.

Attorneys

Apple Inc.
William F. LeeWilmer Cutler Pickering Hale and Dorr LLP, Respondent
Wisconsin Alumni Research Foundation
Morgan ChuIrell & Manella LLP, Petitioner