Dealing another blow to Intellectual Ventures (IV) and its attempt to extract more than $100M from Finnegan’s long-standing client FedEx Corp. for the accused infringement of multiple patents asserted against FedEx package delivery services, Chief Judge Gilstrap of the U.S. District Court for the Eastern District of Texas (Marshall) completely denied IV’s post-trial motions in which IV sought to overturn a jury verdict of noninfringement and invalidity on one of the asserted patents and invalidity on another one of the asserted patents. He also denied IV’s request for a new trial on all issues. In a separate opinion issued the same day, Judge Gilstrap partially granted FedEx’s post-trial motion and found one of IV’s claims patent ineligible under § 101 and the Supreme Court’s decision in Alice. Earlier in the case, an East Texas jury handed a defense victory to FedEx and its Finnegan trial team, determining IV failed to prove infringement of any of the four patents asserted at trial, and that FedEx proved invalidity of three of the patents. Earlier still in the case, the FedEx/Finnegan trial team obtained a favorable claim construction on a fifth patent that IV asserted, and following Judge Gilstrap’s claim construction order, IV acknowledged it could not prove infringement of that patent.
Intellectual Ventures II LLC v. FedEx Corp., 2:16-cv-00980, E.D. Tex., Judge Gilstrap