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ARTICLE · 06 FEBRUARY 2006

Double or Nothing: How Much Can We Bet on Phillips?

McDermott Will & Emery
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After the district court broadly construed the claims, a jury found SeaChange to have willfully infringed the patent in suit, both literally and under the doctrine of equivalents, and awarded nCube double actual damages and its attorney fees.

United StatesIntellectual Property
Kori Bagrowski
Kori Bagrowski
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After the district court broadly construed the claims, a jury found SeaChange to have willfully infringed the patent in suit, both literally and under the doctrine of equivalents, and awarded nCube double actual damages and its attorney fees. The U.S. Court of Appeals for the Federal Circuit has now upheld the district court’s claim construction and award. nCube Corp. v. SeaChange Int’l. Inc., Case Nos. 03-1341,-1366 (Jan. 9, 2006) (Radar, J.) (Dyk, J., dissenting).

The patent at issue was directed to a method and apparatus for scalable, high bandwidth storage retrieval and transportation of multimedia data on a network. The claim construction dispute centered on the key claim term of "upstream manager;" which the district court found to mean an element that routes messages by using either logical or physical addresses. In arriving at this construction, the district court construed the term to be broader than the single embodiment described in the specification, which did not

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