Freshub, Inc. v. Amazon.com Inc.

Freshub, Inc. v. Amazon.com Inc.

Opinion

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.

I. BACKGROUND

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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