Comcast Cable Commc'ns, LLC v. Sprint Commc'ns Co., LP
Decision Date | 16 August 2017 |
Docket Number | CIVIL ACTION NO. 12–859 |
Citation | 262 F.Supp.3d 118 |
Parties | COMCAST CABLE COMMUNICATIONS, LLC, Plaintiff, v. SPRINT COMMUNICATIONS COMPANY, LP, Defendant. |
Court | U.S. District Court — Eastern District of Pennsylvania |
Anthony I. Fenwick, David J. Lisson, Gareth E. Dewalt, Matthew B. Lehr, Shiwoong Kim, Davis Polk & Wardwell LLP, Menlo Park, CA, Charles C. Carson, Jason F. Hoffman, Michael E. Anderson, Baker & Hostetler LLP, Donald B. Verrilli, Jr., Ginger D. Anders, Munger, Tolles & Olson, Washington, DC, Edward Fu, Davis Polk & Wardwell LLP, Long Island City, NY, Rebecca Santoro Melley, William T. Hangley, Michele D. Hangley, Andrew M. Erdlen, Hangley Aronchick Segal Pudlin & Schiller, Dale M. Heist, Daniel J. Goettle, Jeffrey W. Lesovitz, Stephanie Papastephanou, Baker & Hostetler LLP, John Frank Murphy, Woodcock Washburn LLP, Philadelphia, PA, Willy Chang, Baker
& Hostetler LLP, New York, NY, David Spencer Bloch, Winston & Strawn LLP, Peter A. Detre, Munger Tolles & Olson LLP, San Francisco, CA, for Plaintiff.
TABLE OF CONTENTS
II. RENEWED MOTIONS FOR JUDGMENT AS A MATTER OF LAW...126
III. COMCAST'S MOTIONS RELATING TO DAMAGES...142
IV. CONCLUSION...152
I. INTRODUCTION
This case involves claims of patent infringement between Comcast Cable Communications, LLC, and Sprint Communications Company, LP. After withdrawal of several claims of infringement, only Comcast's claim for infringement of its U.S. Patent Number 6,885,870 ("the '870 patent") against Sprint and Sprint's Counterclaims for infringement of its U.S. Patents Numbers 6,754,907 and 6,757,907 ("the '907 patents") against Comcast remained in the case. The Court granted summary judgment in favor of Comcast as to Sprint's counterclaims under the '907 patents by Memorandum and Order dated August 24, 2016. See Comcast Cable Commc'ns, LLC v. Sprint Commc'ns Co., LP (Comcast v. Sprint II ), 203 F.Supp.3d 499 (E.D. Pa. 2016). That Memorandum contains the factual background, procedural history, and details of the underlying patents in this case. For purposes of this Memorandum, the following summary of the invention will suffice, and additional facts will be incorporated as necessary.
The '870 patent, titled "Transferring of a Message," claims a method "for inquiring about information relating to a [wireless] terminal of a cellular network from the cellular network, from a messaging server external to the cellular network." '870 patent, at 2:45–48. The preferred embodiment of the invention can be summarized as follows:
Comcast v. Sprint II , 203 F.Supp.3d at 510–11.
Comcast asserted Claims 1, 7, and 113 of the '870 patent against Sprint. For purposes of the present Motions, only the limitations of Claim 113 are relevant. Claim 113 depends on Claim 112—i.e., Claim 113 incorporates by reference all of Claim 112's limitations, and adds additional restrictions. Claim 112, which was not asserted, claims:
Claim 113 adds the additional limitation that, in the third step, the determining is performed by the same network element to which the initial inquiry is sent in the first step.
A jury trial on Comcast's claims for infringement of Claims 1, 7, and 113 of the '870 patent began on January 30, 2017. Following a 14–day trial, on February 17, 2017, the jury returned a verdict, finding that Sprint had infringed all three asserted Claims of the '870 patent. The jury further found that Claims 1 and 7 of the '870 patent were valid as not anticipated and not obvious, and that Claim 113 was not anticipated, but that it was obvious and therefore invalid. The jury awarded Comcast a royalty of $1,500,000, in the form of a one-time lump sum for the life of the '870 patent, for infringement of Claims 1 and 7. The Court entered judgment on February 21, 2017.
Presently before the Court are Comcast's Renewed Motion for Judgment as a Matter of Law that Claim 113 of the '870 Patent is Not Obvious, Sprint's Renewed Motion for Judgment as a Matter of Law Under Rule 50, Comcast's Motion for New Trial on Damages, and Comcast's Motion to Amend Final Judgment to Add Pre–Judgment Interest and Post–Judgment Interest. The Court disposes of the Motions as set forth below.
II. RENEWED MOTIONS FOR JUDGMENT AS A MATTER OF LAW
Federal Rule of Civil Procedure 50(a) provides that after "a party has been fully heard on an issue during a jury trial," a district court may grant judgment as a matter of law ("JMOL") if "the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue." Fed. R. Civ. P. 50(a)(1). During trial, both Sprint and Comcast moved for JMOL under Rule 50(a), and the Court denied both Motions. See Trial Tr. (Feb. 14, 2017, afternoon) 193:21–200:19; Trial Tr. (Feb. 14, 2017, evening) 3:24–17:9.
"If the court does not grant a motion for judgment as a matter of law made under Rule 50(a)... the movant may file a renewed motion for judgment as a matter of law." Fed. R. Civ. P. 50(b). "To succeed on a renewed motion for JMOL following a jury trial and verdict, the movant ‘must show that the jury's findings, presumed or express, are not supported by...
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