Commil USA, LLC v. Cisco Sys., Inc., No. 12-1042 (Fed. Cir. 2015)
Annotate this CaseIn a wireless system, devices communicate with fixed “base stations” according to “protocols,” which are standardized procedures that govern how data exchanged between devices is formatted, ordered, maintained, and transmitted. Effective wireless communication requires that the transmitting device and the receiving device follow the same protocol. Commil’s patent covers a method of providing faster, more reliable handoffs of mobile devices from one base station to another as a mobile device moves throughout a network area. Cisco is a major supplier of WiFi access points and controllers. A jury found that Cisco infringed the patent and that the specified claims were not invalid as indefinite, for lack of enablement, or as lacking adequate written description. The Federal Circuit held that the district court gave the jury a legally erroneous instruction concerning indirect infringement and that Cisco’s evidence of a good-faith belief of invalidity could negate the requisite intent for induced infringement. The Supreme Court vacated. On remand, the Sixth Circuit reversed the district court, concluding that substantial evidence did not support the jury’s finding that Cisco’s devices, when used, perform the “running” step of the asserted claims, precluding liability under either of Commil’s direct or inducement theories,
This opinion or order relates to an opinion or order originally issued on June 25, 2013.
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