This patent case comes to us on appeal for a second time. Following our vacatur-in-part and reversal-in-part of a summary judgment of infringement, the district court held a jury trial. IXYS Corporation (“IXYS”) now appeals from the resulting final judgment of infringement. International Rectifier Corporation (“IR”) conditionally cross-appeals, asserting that the district court erred in its jury instructions. Because the judgment of infringement as to each asserted claim is foreclosed either by the combination of our mandate in the prior appeal and the jury verdict or by prosecution history estoppel, we reverse. We dismiss the cross-appeal as moot because the purported error in jury instructions does not affect the final judgment of non-infringement that our decision today requires.
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