The U.S. Court of Appeals for the Federal Circuit has declined to reconsider its decision that overturned a $166.3 million patent infringement verdict in favor of Finesse Wireless LLC against AT&T Mobility LLC and Nokia of America Corporation. This denial leaves in place the appellate court’s earlier ruling, which found insufficient evidence to support the jury’s finding of infringement.
Finesse Wireless had accused AT&T and Nokia of infringing U.S. Patent Nos. 7,346,134 and 9,548,775, both related to methods for mitigating intermodulation product interference in radios. The jury initially sided with Finesse, awarding substantial damages. However, upon appeal, the Federal Circuit reversed this decision, citing unclear and self-contradictory testimony from Finesse’s expert witness as failing to meet the burden of proof required for infringement.
Specifically, the court noted that the expert’s testimony regarding the ‘134 patent was confusing and unclear, undermining the jury’s verdict. Similarly, for the ‘775 patent, the expert failed to demonstrate that the accused radios performed the seven claimed multiplications, as required by the patent claims. As a result, the Federal Circuit reversed the district court’s denial of judgment as a matter of law of noninfringement and vacated the damages award.
Finesse Wireless sought a rehearing of the case, but the Federal Circuit’s recent decision to deny this request solidifies the appellate court’s stance. This outcome underscores the critical importance of clear and consistent expert testimony in patent litigation, as well as the challenges patent holders face in proving infringement claims against major corporations.