Following the jury’s verdict of no infringement and invalidity in Personalized User Model, L.L.P. v. Google, Inc., C.A. No. 09-525-LPS, on April 7, Judge Leonard P. Stark issued a letter to the parties, having completed review of the parties’ proposals for how the case should proceed, as well as their motions for judgment as a matter of law (“JMOL”).
The Court summarized its “tentative views” related to plaintiff’s motion for JMOL on infringement and no invalidity: it was “inclined to deny” them as it concluded that the jury could reasonably have found non-infringement and invalidity. See id. at 4-6. On the other hand, as to the jury’s verdict of breach of contract by plaintiff, the Court indicated that it was likely to grant JMOL to plaintiffs, based on Delaware statutory law. See id. at 6-8.
In conclusion, the Court advised that the parties should “determine whether they wish to further litigate JMOL issues and/or seek a new trial” and that the parties should meet and confer to “propose as compressed a schedule as possible for the submission of short briefs so the Court can determine in an efficient manner whether to adhere to its inclinations and enter judgment.” Id. at 8. Until these issues were resolved, the Court saw “no basis for the additional proceedings (i.e., a bench hearing on equitable issues and jury trial on damages) requested by defendant.” Id.