Is “milk” an item, or just
a word? This question, among others, is set to be
answered on January 12, 2024, as Freshub Inc. (Freshub) and
Amazon.com, Inc. (Amazon) argue before the Federal Circuit (Nos.
22-1391, 2022-1425). A jury found that Amazon's Alexa Devices
do not infringe Freshub's voice recognition patents. The key
issue on appeal is the proper roles of the parties and the district
court at trial when infringement turns on the meaning of a claim
term that has not been construed. Must a party object to expert
testimony about claim meaning or request claim construction in
order to challenge an adverse jury verdict? And, is it error for a
court to allow a jury to resolve the dispute based on expert
testimony regarding the term's meaning in view of its use in
the patent?
