NCS Multistage Inc. v. TCO Group AS
Western District of Texas
Holding
The Federal Circuit affirmed the contributory-infringement judgment, holding that TCO forfeited its appellate challenges by not preserving them in post-trial briefing and could not relitigate a claim construction it had sought below. The court vacated the no-invalidity judgment and remanded for a new invalidity trial based on related claim-construction and § 102(b) jury-instruction issues.
Why It Matters
The decision underscores that claim-construction and JMOL arguments must be preserved with precision, and that one adequately supported indirect-infringement theory can sustain an infringement judgment.
Full Summary
Key Points
- Claim 29’s “rupturing force” limitation was construed to require rupturing hydraulic pressure, and the Federal Circuit held TCO could not argue on appeal for an impact-force theory after proposing the adopted construction below.
- The court affirmed contributory infringement because TCO failed to preserve its arguments that its subsidiary—not TCO—sold the accused glass packs and that TCO’s subjective noninfringement belief negated § 271(c) scienter.
- Even if TCO’s cursory scienter argument had been preserved, the record contained substantial evidence from which the jury could find knowledge of infringement.
- Because contributory infringement independently supported the infringement judgment, the court did not reach TCO’s induced-infringement arguments.
- The court vacated the no-invalidity judgment and remanded for a new invalidity trial, following its related decision addressing the “casing string” construction and § 102(b) jury-instruction issues.
- Anticipation and prior art (§ 102) →
- Claim construction →
- Infringement →
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