from the United States District Court for the Northern
District of California in No. 3:13-cv-04545-HSG, Judge
Haywood S. Gilliam Jr.
J. Shaeffer, Fox Rothschild, LLP, Los Angeles, CA, argued for
plaintiff-appellant. Also represented by Jeffrey H. Grant;
William A. Rudy, Denver, CO.
J. Mueller, Wilmer Cutler Pickering Hale and Dorr LLP,
Boston, MA, argued for defendant-appellee. Also represented
by RICHARD WELLS O'NEILL, Sarah B. Petty; Nina S. Tallon,
Michael Wolin, Washington, DC.
Prost, Chief Judge, Clevenger and Reyna, Circuit Judges.
LLC ("TVIIM") sued McAfee, Inc.
("McAfee") in the United States District Court for
the Northern District of California for infringement of U.S.
Patent No. 6, 889, 168 ("'168 patent"). A jury
determined that McAfee did not infringe the '168 patent
and that the '168 patent was invalid. After the jury
verdict, TVIIM filed motions for judgment as a matter of law
("JMOL") and for a new trial. The district court
denied both motions, and TVIIM filed this appeal challenging
the jury verdict and the district court's denial of its
post-verdict motions. We affirm because substantial evidence
supports the jury's findings of non-infringement and
invalidity under a uniform construction of the relevant claim
terms, and the district court did not abuse its discretion in
denying a new trial.
'168 patent is entitled "Method and Apparatus for
Assessing the Security of a Computer." It describes
"a security system which identifies security
vulnerabilities and discrepancies for a computing
system." '168 patent, col. 1, 11. 65-67. The
'168 patent both identifies potential security threats to
a computer and, under certain conditions, recommends action
to a user to stop the threat.
claims of the '168 patent are relevant to this appeal.
Independent claim 1 recites:
A security system for a computer apparatus, wherein said
computer apparatus includes a processor and system memory,
said security system comprising:
at least one security module which under direction from the
processor accesses and analyzes selected portions of the
computer apparatus to identify vulnerabilities;
at least one utility module which under the direction from
the processor, performs various utility functions
with regards to the computer apparatus in response
to the identified vulnerabilities; and
a security system memory which contains security information
for performing the analysis of the computer apparatus.
'168 patent, col. 10, 1. 65 to col. 11, 1. 10 (disputed
Dependent claim 7 recites:
The security system of claim 1 wherein the security modules
include at least one of ... an integrity checking module
which analyzes files in the system memory to identify system
a network checking module which analyzes the computer
apparatus to identify vulnerabilities created as a result
of the computer apparatus connecting with a data
a password checking module which analyzes passwords for users
of the computer apparatus to identify vulnerabilities.
Id. col. 11, 11. 25-46 (disputed term emphasized).
claim 9 recites: "The security system of claim 7 wherein
the system memory comprises a list of known vulnerabilities
which may be employed by the integrity ...