"The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday affirmed a district court's summary judgment of non-infringement and judgment as a matter of law (JMOL) in Shopify Inc. v. Express Mobile, Inc., confirming the rejection of a $40 million jury verdict against Shopify. Shopify filed a declaratory judgment action in the U.S. District Court for the District of Delaware, seeking a declaration of noninfringement of the claims"
"A key limitation in the '397 patent requires "at least one run time file" that is "downloaded or created when a browser is pointed to a web page or website." Express Mobile argued that Shopify's Liquid template files were the claimed "run time files," however, Express Mobile's expert, Dr. Almeroth, conceded that the Liquid template files on Shopify's servers are not downloaded to a user's browser. Instead, Express Mobile put forth an "instantiation" theory, arguing that a "copy" of the Liquid template"
The Federal Circuit affirmed a district court's summary judgment of non-infringement and post-trial JMOL in Shopify Inc. v. Express Mobile, reversing a $40 million jury award. Shopify sought declaratory judgment of noninfringement for multiple patents related to website design and functionality; Express Mobile counterclaimed for infringement. The district court granted summary judgment for two asserted patents before trial, while a jury found infringement of the '755 patent family. The district court later held that no reasonable jury could find infringement and granted JMOL. The CAFC examined claim limitations, expert concessions, and Express Mobile's instantiation theory regarding Liquid template files.
Read at IPWatchdog.com | Patents & Intellectual Property Law
Unable to calculate read time
Collection
[
|
...
]