NPE Mirror Worlds Loses Appeal
- September 6, 2012
September 5, 2012- Yesterday, a three judge panel at the CAFC upheld Judge Leonard Davis’ JMOL finding no infringement in EDTX’s Mirror Worlds v. Apple: 08-CV-0088. In that suit, the jury initially returned a verdict in favor of Mirror Worlds [NPE] awarding $208.5 million. However, Judge Davis subsequently vacated the award writing “[t]he jury often relies on the representations of parties, who bear the burden of being accurate and complete and living up to the representations they make to the jury. No matter how attractive a party paints the facade of its case, it is worthless without the requisite foundational support. It is the Court’s job to inspect that foundation, and where it has not been properly laid under the law, to set aside the verdict to protect the reliability of our jury system. In this case, Mirror Worlds may have painted an appealing picture for the jury, but it failed to lay a solid foundation sufficient to support important elements it was required to establish under the law.” The CAFC affirmed.