Alfred E. Mann Foundation v. Cochlear was decided on November 17, 2016 on appeal from the Central District of California. There, the district court entered judgment finding claims of one asserted patent infringed and claims of another patent invalid for indefiniteness. The jury found that defendant Cochlear’s infringement was willful under the then-prevailing Seagate test. The court set aside this finding, and granted Cochlear’s JMOL of no willful infringement because “a reasonable jury could not find that the objective prong of [Seagate] was established by clear and convincing evidence.” The district court also granted Cochlear’s motion for a new trial on damages. Both parties appealed.
The Federal Circuit affirmed the district court’s finding of infringement, reversed its finding of indefiniteness, and vacated its nonwillfulness determination.
The Federal Circuit then vacated the district court’s determination that Cochlear’s infringement was not willful, and remanded. Halo “rejected Seagate’s requirement of a finding of objective recklessness” in every enhancement case, and rejected Seagate’s “clear-and-convincing standard of proof.” Thus, the district court’s finding of nonwillfulness could not stand as it was based on the now defunct objective prong of the willfulness inquiry. Because the jury found subjective willfulness, the district court on remand, “mindful of Halo’s preponderance” standard, will “consider whether Cochlear’s infringement constituted an egregious case of misconduct beyond typical infringement meriting enhanced damages under § 284.”
Lastly, the Federal Circuit held that it lacked jurisdiction to consider whether the district court abused its discretion in ordering a new trial on damages. This was more of an appellate procedure issue than a damages-law issue.
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