Federal Circuit: Cryogenically Cooled Components Obvious

ISCO International v. Conductus and Superconductor Technologies (Fed. Cir. 2005) (Unpublished).

Background: ISCO sued Conductus for infringement of ISCO’s patent directed to a receiver front end for a cellular base station.  The claims in question provide for the base station having cryogenically-cooled components.  At trial, the jury sided with the defendants — finding that the patent was invalid, not infringed, and unenforceable for inequitable conduct.  The Jury also found that ISCO had engaged in unfair competition — a verdict that was overturned on JMOL by the district court.  ISCO appealed the remaining decision.

Holding: In contrast with its track record with bench trial appeals, the Federal Circuit is rather unlikely to overturn a jury verdict of invalidity.  This case provides no exception.  On appeal, the court was unable to find any grounds for reversal:

[O]ur review of the record under the substantial evidence standard accorded to the jury’s conclusions provides us with no grounds for disturbing the verdict.

Judgment for Defendant affirmed.