直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • Articles & Books
    • Ad Law Buzz Blog
    • At the PTAB Blog
    • European IP Blog
    • Federal Circuit IP Blog
    • INCONTESTABLE® Blog
    • Prosecution First Blog
  • Events & Webinars
  • IP Updates
  • Podcasts
    • AI + Finnegan
    • AI + Copyright
    • AI + Patent
    • AI + Privacy
    • AI + Trade Secrets
    • AI + Trademark
  • Unified Patent Court (UPC) Hub

Federal Circuit IP Blog

Post-Verdict Claim Construction: Impermissible Reconstruction or Permissible Clarification?

January 13, 2016

Authored and Edited by Elizabeth D. Ferrill; Shawn S. Chang, Jeff T. Watson

In Wi-LAN, Inc. v. Apple Inc., Nos. 14-1437, -1485 (Fed. Cir. Jan. 8, 2016), the Federal Circuit reversed the district court’s grant of JMOL of no invalidity, finding the court’s reconstruction of the claims altered the scope of the original construction.

The Federal Circuit explained: “[I]t is too late at the JMOL stage to argue for or adopt a new and more detailed interpretation of the claim language and test the jury verdict by that new and more detailed interpretation.” Slip op. at 16 (quoting Hewlett-Packard Co. v. Mustek Sys., Inc., 340 F.3d 1314, 1321 (Fed. Cir. 2003)). According to the Court, the original construction did not provide for a certain component required by the district court’s new claim construction, and nothing in the portions of the specification that were identified for the jury mentioned that component.

The Court explained that a district court may “adjust constructions post-trial if the court merely elaborates on a meaning inherent in the previous construction” or makes “plain . . . what should have been obvious to the jury.”  Given the parties did not agree whether the terms required the specific component, however, the Court found the inclusion of the component was not obvious to the jury, and the post-verdict reconstruction went beyond clarifying a meaning inherent in the construction or making plain what should have been obvious to the jury.

Tags

Judgment as a Matter of Law (JMOL)

Contacts

Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
Email

Copyright © 2016 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. 


DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.

Related Insights

Conference

2026 IPO Annual Meeting

September 27-29, 2026

Toronto

Webinar

PTAB Developments and Their Impact on Parallel Litigation: Strategic Considerations

August 26, 2026

Webinar

Webinar

A Year of Change for Post-Grant Patent Challenges: Key PTAB and CRU Developments, and Strategic Implications

August 19, 2026

Webinar

At the PTAB Blog

IPR and PGR Statistics for Final Written Decisions Issued in June and July 2026

August 19, 2026

At the PTAB Blog

Squires Issues Precedential Decision Clarifying Obviousness-Type Double Patenting Rejections

August 17, 2026

Articles

Privacy Law Mid-Year Update: Key EU and UK Data Protection Decisions

August 13, 2026

European IP Blog

UPC Action Permissibly Lodged Prior to the Grant of a European Patent

12 August 2026

At the PTAB Blog

IPR and PGR Statistics for Final Written Decisions Issued in May 2026

July 31, 2026

Articles

Blaker v. NetScout Systems: A Narrow Reading of the Pen Register and Trap and Trace Provisions of the California Invasion of Privacy Act in California State Court

July 29, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP