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ARTICLE · 30 MARCH 2016

No Due Process Violation Where Judgment Entered On Patents Not Asserted At Trial

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A recent case reminds litigators to be diligent in protecting their clients' due-process rights when narrowing a case for trial or risk forfeiting the right to trial altogether.

United StatesIntellectual Property
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A recent case reminds litigators to be diligent in protecting their clients' due-process rights when narrowing a case for trial or risk forfeiting the right to trial altogether.  In Nuance Communications v. ABBYY USA Software House, Inc., the Federal Circuit ruled that due process rights were not violated when a district court entered judgment of non-infringement of eight patents, even though trial was held on only three of those patents.

Nuance Communications Inc. ("Nuance") sued ABBYY USA Software House, Inc., ABBYY Software, Ltd., ABBYY Production LLC, and Lexmark International, Inc. (collectively, "ABBYY") for infringement of eight patents.  Three of those patents relate to optical character recognition ("OCR") technology, which involves recognizing characters in digital images of text so the text can be translated into a searchable format.  Before trial, Nuance narrowed its case several times on its own accord and ultimately tried only the three patents related

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