Posts Tagged: "Promega Corp. v. Life Techs. Corp"

Beware Waiver: Recovery Not Permitted on Damages Theories Not Presented/Preserved at Trial

In Promega Corporation v. Life Technologies Corporation, on remand from the Supreme Court, the Federal Circuit affirmed district court rulings that granted Life Technologies’ motion for judgment as a matter of law (“JMOL”) that Promega Corp. had failed to prove its infringement case under 35 U.S.C. § 271(a) and § 271(f)(1), and subsequently denied Promega’s motion for a new trial.