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#JMOL CIVIL PROCEDURE TRIAL#
The District Court’s decision had attracted some attention among commentators, as the Patent Trial and Appeal Board (“PTAB”) had already granted the petition for post-grant review based upon its conclusion that the claims were, more likely than not, patent ineligible. In discussing one of the main interests of a proposed stay, streamlining litigation and lessening the burden on the interested parties, the majority noted that a PTAB decision invalidating all the claims at issue would likely dispose of the litigation altogether. Judge Gilstrap of the Eastern District of Texas decided that the proceedings should continue on schedule, with jury selection to commence in 2014, denying defendant Salesforce’s motion to stay the district court suit pending post-grant review of VitrualAgility’s business method patent under the Transitional Program for Covered Business Method Patents. July 10, 2014), the Federal Circuit took the rare step of reversing a district court’s decision not to stay proceedings. 50(b), a party can obtain JMOL on an issue or a new trial on the issue, while the only relief available under F.R.C.P. Moreover, the relief available under the two rules differs. 50(b) motion requires a previously filed F.R.C.P. Thus, F.R.C.P.’s 50(b) and 59(a) provide different procedural attacks on a jury verdict, but a F.R.C.P. Therefore, the Federal Circuit affirmed the District Court’s grant of BestMed’s Rule 59 motion for a new trial on the issue of anticipation. 59(a) does not require filing a motion prior to a verdict. In fact, when Medisim filed a pre-trial motion for no anticipation, BestMed had explicitly stated on the record that this was not a matter for JMOL, but rather a matter for the jury to decide. But on appeal, the Federal Circuit ruled that BestMed had not properly raised the issue pre-jury verdict as demanded by F.E.C.P.
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The District Court granted BestMed’s post-verdict Rule 50(a) JMOL motion, holding there that had been anticipation (based on Medisim’s commercial activities).
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Similarly, BestMed did not move for JMOL on anticipation at the close of Plaintiff Medisim’s case-in-chief under F.R.C.P. 50(a) for JMOL on anticipation grounds, but after the jury had already ruled that there was no anticipation. 50(a) before the case was submitted to the jury. 50(b), a party may move for JMOL on a claim or defense based on a lack of sufficiency of the evidence if that party previously brought such a motion under F.R.C.P. 50 and 59 and what steps are needed in order to preserve the right for relief under these rules in the face of an adverse jury verdict. The Federal Circuit demonstrated the distinctions between F.R.C.P. F.R.C.P.’s 50(b) and 59(a) provide different procedural attacks on a jury verdict, but a F.R.C.P. However, the Federal Circuit found that BestMed was entitled to a new trial under F.R.C.P. July 14, 2014), Chief Judge Prost authored a unanimous decision in which the Court ruled that defendant BestMed had not properly moved for judgment as a matter of law (“JMOL”) on anticipation before the jury verdict, thus precluding any post-trial motions for JMOL under the Federal Rules of Civil Procedure (“F.R.C.P.”) 50(b).