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Enovsys LLC. v. Nextel Communications, Inc., 09-1167, involved a patent infringement suit against Sprint Nextel Corporation and its various subsidiaries, claiming that Sprint Nextel's iDEN and CDMA wireless networks infringed two patents covering inventions that use global positioning satellites (GPS) and ground control stations to determine the physical location of mobile devices. The jury found in favor of plaintiff in finding that Sprint Nextel infringed both patents and awarded approximately $2.78 million in damages.
In affirming the jury verdict and district court's various rulings, the court held that the district court correctly denied Sprint Nextel's motion to dismiss for lack of subject matter jurisdiction as plaintiff had standing to bring and maintain the suit without joining the ex-wife of one of the patents' co-inventors because, giving the California divorce decree the preclusive effect required, the ex-wife had no ownership interest in the asserted patents at the time the case was filed, or anytime thereafter. On the merits, the court held that the district court correctly denied Sprint Nextel's post-verdict JMOL, as Sprint Nextel waived its right to argue its new claim constructions.
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