Judge Jackson Issues a Slew of Rulings in FiOS Patent Suit
Following up on the jury’s $115 million verdict in favor of ActiveVideo in its patent infringement suit against Verizon, Judge Jackson has issued three separate written opinions relating to invalidity and inequitable conduct claims made at trial, including:
- Granting ActiveVideo’s Motion for Judgment as a Matter of Law on the validity of its four patents on the grounds that Verizon’s expert failed to give a detailed explanation of how the elements of the asserted claims were described in the prior art. ActiveVideo Networks, Inc. v. Verizon Comm's., Inc., Case No. 2:10CV248, 2011 U.S. Dist. LEXIS 91722 (E.D.Va. Aug. 17, 2011).
- Denying both parties’ Motions for Judgment under Fed. R. Civ. P. 52(c) on their respective claims of inequitable conduct. Judge Jackson ruled that Verizon had not show materiality because none of the prior art that ActiveVideo failed to disclose would have anticipated any of the asserted claims. Judge Jackson also declined to infer an intent to deceive based merely on ActiveVideo’s awareness of the prior art, stating that an intent to withhold prior art was not enough to show an intent to deceive. ActiveVideo Networks, Inc. v. Verizon Comm's., Inc., Case No. 2:10CV248 (E.D.Va. Aug. 17, 2011)
- Granting Verizon’s Motion for Judgment as a Matter of Law on the validity of its two asserted patents on the grounds that ActiveVideo’s expert failed to opine whether the asserted prior art would enable one of skill in the art to practice the invention. ActiveVideo Networks, Inc. v. Verizon Comm's., Inc., Case No. 2:10CV248, 2011 U.S. Dist. LEXIS 91658 (E.D. Va. Aug. 17, 2011).
