In SimpleAir, Inc. v. Sony Ericsson Mobile Commc’ns AB, Appeal No. 2015-1251, the Federal Circuit vacated the district court’s judgment of infringement and remanded with instructions to enter judgment of non-infringement for Google.
SimpleAir sued Google for patent infringement, alleging that Google’s Cloud Messenger Services infringed its patent. The jury found infringement and awarded SimpleAir $85 million in damages. The district court denied Google’s motions for judgment as a matter of law with respect to invalidity, infringement, and damages. Google appealed.
On appeal, the Federal Circuit overturned the district court’s construction of the term “a data channel.” In doing so, the Federal Circuit acknowledged that its new construction rendered some portions of the claim language superfluous, which is generally disfavored, but found that its new construction was how a person of ordinary skill would have understood the claims in view of the specification. The Federal Circuit then found that no reasonable jury could have found infringement under the proper claim construction and remanded with instructions to enter judgment of non-infringement for Google.