Ericsson v TCL Communication Technology was decided on April 14, 2020, on appeal from the Eastern District of Texas. The district court denied defendant TCL’s motion for summary judgment that the asserted claims of plaintiff Ericsson’s patent were ineligible under 35 U.S.C. § 101. At trial, the jury found the patent willfully infringed, and awarded Ericsson damages. Post-trial, the district court denied TCL’s motion for a new trial, and for JMOL on willfulness, finding the jury verdict supported by substantial evidence. TCL appealed.
The Federal Circuit reversed the Section 101 determination and vacated the damages award.
The asserted patent claimed ineligible subject matter under § 101, so the Federal Circuit did not reach the issues of damages or willfulness.
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Judge Newman dissented, arguing that “Section 101 arguments were not raised at district court trial and post-trial” and that “[t]he majority’s decision on Section 101 is not in accord with law and precedent.”