Avid Tech, Inc. v. Harmonic, Inc., No. 15-1246 (Fed. Cir. 2016)
Annotate this CaseAvid asserted two patents against Harmonic; both concern data storage systems that allow users to store and retrieve large files such as movies. On one of two claim elements that were the focus of the dispute at trial, the district court gave the jury a narrow construction based on what the court determined to be a prosecution disclaimer. The jury found that Harmonic did not infringe the patents. The Federal Circuit vacated, finding that construction to be incorrect and that the error required setting aside the general non-infringement verdicts. Harmonic did not argue that the evidence compelled a finding of non-infringement independently of the construction error. Avid is entitled to a new trial although satisfaction of the particular claim element was settled because Harmonic did not dispute Avid’s contention that Harmonic’s system satisfies this claim element when properly construed. Avid has not shown entitlement to a judgment of infringement: the evidence did not compel a finding of infringement of the other claim element in dispute— which was without a claim construction.
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