Free Motion for Judgment as a Matter of Law - District Court of Delaware - Delaware

Case 1 :04-cv—00876-GIVIS Document 375 Filed 05/31 /2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
TELCORDIA TECHNOLOGIES, H\IC., )
Plaintiff/Counterclaim Defendant, ) ·
v. ) C.A. N0. 04-876-GMS
CISCO SYSTEMS, INC., )
Defendant/Counterclaim Plaintiff. )
)
DEFENDANT CISCO SYSTEMS, INC.’S MOTION
FOR JUDGMENT AS A MATTER OF LAW
Pursuant to Rule 50(b), Cisco hereby renews its motions for judgment as a matter of law
on four issues: (1) non-infringement of the ’763 patent; (2) invalidity of the ’763 patent for
failure to meet the definiteness requirement of 35 U.S.C. § 112, 1[ 2; (3) invalidity of the ’633
patent as obvious, or alternatively, for improper inventorship; and (4) invalidity of the ’306
patent as anticipated or as obvious}
At the close of evidence, Cisco brought motions for judgment as a matter of law pursuant
to Rule 50(a). D.I. 359 at 2005:23-2013:25. The Court reserved judgment on Cisco’s motions.
Id at 2015 : 17-2016: 13 ("We’ll let the jtuy decide, and address these at some future date when
we all have had the benefit of a fully transcribed record, which I know counsel have but I have
not. So that’s my ruling, or not ruling."). The jury returned a verdict in favor of Telcordia on the
liability issues, and the Court entered judgment of infringement in favor of Telcordia. D.I. 348.
1 As set forth in the accompanying brief, in the event that the claim construction for any
limitations of the patents-in-suit change, Cisco hereby moves for a new trial on invalidity
and unenforceability, and the opporttmity to provide new expert reports and request
summary judgment on any new bases that arise from the revised claim constructions.

Case 1 :04-cv—00876-GIVIS Document 375 Filed 05/31/2007 Page 2 of 3
For the reasons set forth in the accompanying brief, Cisco requests that the Court enter
judgment as a matter of law in its favor on each of these issues based on the weight of the
evidence presented at trial.
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
/s/_7ac/{Q3. Q>’[ume1z_fIe[d'
Jack B. Blumenfeld (I.D. #1014)
Leslie A. Polizoti (I.D. #4299)
1201 North Market Street
Wilmington, DE 19899-1347
(302) 658-9200
[email protected]
[email protected]
Attorneys for Dekndant Cisco Systems, Inc.
OF COUNSEL:
Matthew D. Powers
Edward R. Reines
Jessica L. Davis
Sonal N. Mehta
WEIL, GOTSHAL & MANGES LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
(650) 802-3000
May 31, 2007
845733
2

Case 1 :04-cv—00876-GIVIS Document 375 Filed 05/31 /2007 Page 3 of 3 A
CERTIFICATE OF SERVICE
I hereby certify that on May 31, 2007 I electronically filed the foregoing with the
Clerk of the Court using CM/ECF, which will send notification of such filing to Steven J. Balick
and John G. Day.
I further certify that I caused copies of the foregoing doctunent to be served on
May 31, 2007 upon the following in the manner indicated:
BY HAND BY FEDERAL EXPRESS
gon June 1, 2007[
John G. Day
ASHBY & GEDDES Don O. Burley
500 Delaware Avenue, 8th Fl. FINNEGAN, HENDERSON,
Wilmington, DE 19801 FARABOW, GARRETT & DUNNER
901 New York Avenue
Washington, DC 20001
BY ELECTRONIC MAIL
John Day (j day@,ashby—geddes.com)
John Williamson (john.wil1iamsonggD,tin11egan.com)
York Faulkner (york.faullmer@,finnegan.com)
Don Burley (don.burleygQ),finnega11.com)
/s/_7ac.Q@. @[ume1zj%[d°
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
1201 North Market Street
Wilmington, DE 19801
(302) 658-9200
[email protected]