6/16/2005

【辭典】motion for judgement as a matter of law 請求依據法律問題的判決

【辭典】motion for judgement as a matter of law 請求依據法律問題的判決
按一下

a jury found in favor of Plaintiff-Appellant Princeton Biochemicals, Inc. (Princeton),
rejecting the claims of Defendant-Appellee Beckman Coulter, Inc. (Beckman) that Princeton’s U.S. Patent No. 5,045,172 (the ‘172 patent) is invalid by reason of obviousness and prior invention, and finding that Beckman infringed the ‘172 patent(要件1). On all three questions, however, the district court found the jury’s verdict unsupported by substantial evidence(要件2) and (所以)granted judgment as a matter of law (JMOL) in favor of Beckman.

什麼是substantial evidence:
The party requesting the JMOL must show that substantial evidence did not support the jury’s findings, where substantial evidence is “such relevant evidence from the record taken as a whole as might be accepted by a reasonable mind as adequate to support the finding under review.”

Default Proof Credit Card System v. Home Depot
Summary judgment is appropriate when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law.

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USA, Inc., 367 F.3d 1381, 1384 (Fed. Cir. 2004). “Summary judgment is therefore appropriate when there is no genuine issue of material fact or when, drawing all factual inferences in favor of the nonmoving party, no ‘reasonable jury could return a verdict for the nonmoving party.’” Omega Eng’g, Inc. v. Raytek Corp., 334 F.3d 1314, 1320 (Fed. Cir. 2003) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)).


以前整理的:按一下