Judge Andrews recently ruled on motions for a new trial in Xpertuniverse, Inc. v. Cisco Systems, Inc., C.A. No. 09-157-RGA, Memo. (D. Del. Jan. 30, 2014). Judge Andrews observed that the mtions “might best be described as an afterthought in the [post-trial] briefing.” Id. at 1. His Honor first denied the motion for new trial with respect to the jury’s finding regarding materiality, explaining that if “on appeal, the materiality decision is reversed, it will be because I have either wrongly evaluated the applicable legal standard or the sufficiency of the evidence, and, in either event, I do not believe I am able to conclude . . . that the jury’s verdict was against the clear weight of the evidence.” Id. at 1-2. Judge Andrews made a similar finding with respect to the request for a new trial on damages. Additionally, His Honor explained that he found unpersuasive an argument that $70,000,000 in damages was excessive because “in this particular case . . . the disposition of the damages appeal will necessarily determine whether the award was excessive.” Id. at 2. Similarly, Judge Andrews found that arguments that essentially relied upon pretrial Daubert motions would be included as issues on appeal and “[t]hus, if there was an abuse of discretion, it will be remedied by the Court of Appeals, and, if there was not, then there is no apparent reason why I should grant a new trial on this basis.” Id. at 3. Finally, on a motion for new trial based on the on-sale bar, Judge Andrews explained that his finding that the infringement verdict was not against the great weight of the evidence “also impliedly found that the on-sale bar decision was not against the great weight of the evidence,” and that he would enter an order accordingly. Id.
The final judgment entered by the Court is below: