Posts Tagged: "TVIIM"

The Federal Circuit heard the case on TVIIM, LLC v. McAfee, Inc. A unanimous panel of the Federal Circuit affirmed jury determinations of non-infringement and patent invalidity and affirmed the district court’s denial of motions for judgment as a matter of law (“JMOL”) and for a new trial… Litigators risk jury confusion by relying on “ordinary meaning” for a key claim term, without articulating what that meaning is. An alternative “ordinary meaning” will not be considered for the first time on appeal. Furthermore, alternative meanings may be considered harmless, if substantial evidence nevertheless supports a finding of invalidity under any construction.