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United States District Court for the Western District of Texas, Waco Division
December 17, 2021, Decided; December 17, 2021, Filed
MEMORANDUM OPINION AND ORDER
Before the Court are Plaintiffs Freshub, Inc. and Freshub, Ltd's (collectively "Freshub") Motion for Judgement as A Matter of Law under Fed. R. Civ. P. 50(b) and Motion for New Trial on Infringement and Damages under Fed. R. Civ. P. 59(a). Dkt. 277. The Court heard the parties' arguments on October 19, 2021. After careful considerations of the relevant facts, applicable law, and the parties' oral arguments, the Court DENIES both of Freshub's Motions.
Plaintiff Freshub initiated [*3] this patent infringement action on June 24, 2019, against Defendants Amazon.com Inc., Amazon.com Services, LLC, Prime Now LLC, (collectively, "Amazon") and Whole Foods Market Services, Inc. ("Whole Foods") (together, "Defendants"). Freshub accuses Defendants of infringing claims 1 and 6 of U.S. Patent No. 9,908,153 ("the '153 Patent"), claim 1 of U.S. Patent No. 10,213,810 ("the '810 Patent"), and claims 20 and 30 of U.S. Patent No. 10,232,408 ("the '408 Patent") (collectively, the "asserted patents").
Jury trial commenced on May 17, 2021. Dkt. 48. At the conclusion of a five-day trial, the jury returned a verdict finding that all asserted claims are valid, but none of the asserted claims were infringed by Defendants. Dkt. 254 (Jury Verdict Form). On August 11, 2021, Freshub filed the instant motions (Dkt. 277), which were subsequently fully briefed (Dkt. 284, Opposition; Dkt. 291, Reply). The Court heard arguments regarding the motions on October 19, 2021 (Dkts. 295, 296).
II. MOTION FOR JUDGEMENT AS A MATTER OF LAW
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2021 U.S. Dist. LEXIS 241019 *; 2021 WL 5987106
FRESHUB, INC., FRESHUB, LTD., Plaintiffs -vs- AMAZON.COM INC., AMAZON DIGITAL SERVICES, LLC, PRIME NOW, LLC, WHOLE FOODS MARKET INC., WHOLE FOODS MARKET SERVICES, INC., AMAZON.COM SERVICES LLC, Defendants
Prior History: Freshub, Inc. v. Amazon.com Inc., 2021 U.S. Dist. LEXIS 119242 (W.D. Tex., June 13, 2021)
infringement, shopping, user, motion for a new trial, substantial evidence, memory, matter of law, patents, non-transitory, corresponding, products, jury's determination, new trial, allegations, match, weigh, credibility