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Wang Labs., Inc. v. Toshiba Corp.

United States Court of Appeals for the Federal Circuit

May 10, 1993, Decided

92-1006, 92-1008, 92-1025

Opinion

 [***1769]   [*860]  LOURIE, Circuit Judge.

This is a patent infringement suit involving two patents on memory modules. It comes to us as a consolidated appeal and cross-appeal from the August 23, 1991 judgment and the October 23, 1991 amended judgment of the [**2]  United States District Court for the Eastern District of Virginia, Civil No. 90-1477-A. On August 8, 1991, a jury returned a verdict in favor of Wang Laboratories, Inc., finding U.S. Patents 4,656,605 and 4,727,513 infringed by Toshiba Corporation, Toshiba America Electronic Components, Inc., and Toshiba America Information Systems, Inc. (collectively Toshiba) and NEC Corporation, NEC Electronics Inc., and [***1770]  NEC Technologies, Inc. (collectively NEC), and not invalid. The jury found that NEC had willfully infringed the patents in suit, while Toshiba's infringement was not willful. On August 14, 1991, the jury determined that Wang was entitled to a reasonable royalty as compensation for the infringement and determined alternative reasonable royalty rates. On August 23, 1991, the district court entered judgment in accordance with the jury verdicts, ruled that the patents were not invalid and were infringed, and awarded a reasonable royalty as damages.

Toshiba and NEC filed post-trial motions for judgment notwithstanding the verdict (JNOV), 1 which the district court subsequently denied. 2 Wang moved to amend the judgment as to damages; this motion was also denied. Toshiba and NEC now [**3]  appeal from the district court's judgment denying JNOV on the issues of validity and infringement. Wang cross-appeals the district  [*861]  court's failure to amend the judgment as to the royalty rate. We affirm-in-part, reverse-in-part, and remand-in-part.

BACKGROUND

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993 F.2d 858 *; 1993 U.S. App. LEXIS 10913 **; 26 U.S.P.Q.2D (BNA) 1767 ***; 93 Daily Journal DAR 9496

WANG LABORATORIES, INC., Plaintiff/Cross-Appellant, v. TOSHIBA CORPORATION; TOSHIBA AMERICA ELECTRIC COMPONENTS, INC.; TOSHIBA AMERICA INFORMATION SYSTEMS, INC., Defendants-Appellants, and NEC CORPORATION; NEC ELECTRONICS INC. and NEC TECHNOLOGIES, INC., Defendants-Appellants, and MOLEX INCORPORATED, Defendant.

Subsequent History: Petition for Rehearing Denied and In Banc Suggestion Declined June 28, 1993, Reported at: 1993 U.S. App. LEXIS 16803.

Prior History:  [**1]  Appealed from: U.S. District Court for the Eastern District of Virginia. Judge Ellis, III

Disposition: AFFIRMED-IN-PART, REVERSED-IN-PART, AND REMANDED-IN-PART

CORE TERMS

memory, modules, chips, infringement, patents, input, mounted, single row, royalty, printed circuit, prior art, damages, substrate, negotiations, leaded, royalty rate, hypothetical, invention, estoppel, leadless, lateral, written description, output, doctrine of equivalents, district court, subject matter, terminals, recited, argues, motherboard

Civil Procedure, Trials, Judgment as Matter of Law, Judgment Notwithstanding Verdict, General Overview, Appeals, Standards of Review, Patent Law, Nonobviousness, Elements & Tests, Claimed Invention as a Whole, Specifications, Enablement Requirement, Ordinary Skill Standard, Prior Art, Jurisdiction & Review, Standards of Review, Description Requirement, Definiteness, US Patent & Trademark Office Proceedings, Filing Requirements, Drawings, Notice of Appeal, Infringement Actions, Prosecution History Estoppel, Preclusion, Directed Verdicts, Judgments, Summary Judgment, Summary Judgment Review, Abuse of Discretion, Clearly Erroneous Review, Damages, Patentholder Losses, Reasonable Royalties, Remedies, Business & Corporate Compliance, Buyer's Damages & Remedies, Liquidated Damages, Limitation & Modification, Seller's Damages & Remedies, Ownership, Conveyances, Royalties