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EDTX model Section 101 jury instructions take a hit in Apple, Optis ruling

By Melissa Ritti ( June 17, 2025, 17:50 GMT | Comment) -- Optis will again need to make its case to a Texas jury that Apple infringes its standard-essential patents, but this time without reliance on Apple’s settlement with Qualcomm to shape its request for over a half-billion dollars in damages. Yesterday’s decision by the US Court of Appeals for the Federal Circuit wasn’t only a win for the software giant, however. In a footnote, the court took issue with the Section 101 jury instructions routinely given in the Eastern District of Texas and adopted as a model elsewhere in the US. Their clarification gives a boost to at least one infringement defendant with a cross-appeal pending before the Federal Circuit, and potentially others awaiting trial.No aspect of Optis’s $300 million win at a damages-only retrial withstood appellate scrutiny yesterday but damages aren’t the only thing in need of a redo....

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