Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Lucent Tech., Inc. v. Microsoft Corp., No. 08-1485

By FindLaw Staff on September 11, 2009 3:31 PM

In Lucent Technologies (Lucent) patent infringement action against Microsoft, district court's judgment against Microsoft is affirmed in part and vacated and remanded in part where: 1) district court's denial of Microsoft's motion for judgment as a matter of law (JMOL) for non-infringement is affirmed as the evidence reasonably permitted the jury to have decided that Microsoft did not prove by clear and convincing evidence that the claims would have been obvious; 2) district court's denial of Microsoft's motion for JMOL that it did not induce infringement of the patent at issue is affirmed; and 3) district court's denial of Microsoft's JMOL regarding the jury's $358 million damages award is vacated and remanded for a new trial on damages as it was not supported by substantial evidence and was against the clear weight of the evidence. 

Read Lucent Tech., Inc. v. Microsoft Corp., No. 08-1485

Appellate Information

Appeal from:  United States District Court for the Southern District of California
Decided September 11, 2009


Before Michel, Chief Judge, Lourie and  Newman, CIrcuit Judges. 
Opinion by Michel, Chief Judge.   


For Appellant:  Constatine L. Trela, Jr., Sidney Austin LLP, Robert N. Hochman and Tracy F. Flint, and Carter G. Phillips, John E. Gartman and John W. Thornburgh, Fish & Richardson, PC, Juanita Rose Brooks and Joseph P. Reid, Thomas Andrew Culbert and Stephen P. McGrath, Microsoft Corporation.   

For Appellee:  John M. Desmarais, Kirkland & Ellis, LLP, Paul A. Bondor and Michael P. Stadnick.   

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard