Biodex Corp. v. Loredan Biomedical, Inc.

946 F.2d 850, 20 U.S.P.Q.2d 1252 (1991)

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Biodex Corp. v. Loredan Biomedical, Inc.

United States Court of Appeals for the Federal Circuit
946 F.2d 850, 20 U.S.P.Q.2d 1252 (1991)

Facts

Biodex Corporation (plaintiff) was the assignee of two patents, Patent No. 4,628,694 (the 694 patent) and Patent No. 4,628,910 (the 910 patent). Biodex filed a suit in federal district court alleging devices manufactured by Loredan Biomedical, Inc. (Loredan) (defendant) infringed on the 694 and 910 patents. Loredan argued during the jury trial that the 694 patent was invalid and that the devices manufactured by Loredan did not infringe on the 910 patent. Biodex moved orally for a directed verdict at the close of evidence, but the district court did not issue a ruling. The jury found that the 694 patent was invalid and that Loredan did not infringe on the 910 patent. The district court entered the jury’s verdict as the final judgment in the case. Biodex did not make any postverdict motions. Biodex appealed, arguing that neither of the jury’s findings were supported by substantial evidence. Loredan argued that even if substantial evidence did not support the judgments, Biodex’s failure to make a postverdict motion resulted in a failure to preserve the issues for appellate review.

Rule of Law

Issue

Holding and Reasoning (Clevenger, J.)

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