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Articles

Notice Of Invalidity Position Insufficient To Preserve Right To Post-Trial JMOL

August 5, 2014

Articles

Notice Of Invalidity Position Insufficient To Preserve Right To Post-Trial JMOL

August 5, 2014

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Medisim Ltd. v. Bestmed, LLC __F.3d__ (Fed. Cir. July 14, 2014) (PROST, Taranto, Chen) (S.D.N.Y., Scheindlin) (3 of 5 stars)

Fed Cir vacates JMOL of anticipation, and affirms JMOL of unjust enrichment and conditional grant of new trial on anticipation.

JMOL on anticipation:  BestMed forfeited its right to move for JMOL on anticipation under Fed. R. Civ. P. Rule 50(b) because it did not preserve its rights by moving under Rule 50(a) before the case was submitted to the jury.  BestMed’s evidence of its Rule 50(a) motion showed that BestMed thought the issue of anticipation was for the jury rather than for the court on JMOL.  BestMed also did not expressly move or cross-move for its own JMOL of anticipation.  Moreover, the district court’s statement that BestMed had preserved the record and renewed its motion related to unjust enrichment and not anticipation. —Read more on Fish’s Litigation Blog

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