In plaintiff's suit for infringement of the '216 patent against Microsoft, directed to a software registration system to deter copying of software, judgment of the district court is affirmed in part, reversed in part, vacated in part, and remanded where: 1) district court's grant of JMOL of non-infringement is reversed as the jury's verdict on infringement was supported by substantial evidence; 2) district court's alternative grant of a new trial on infringement is reversed as an abuse of discretion; 3) district court's grant of JMOL of no willfulness is affirmed because the jury's verdict on willfulness was not supported by substantial evidence, and as such, the district court's alternative grant of a new trial for willfulness is rendered moot; 4) new trial on damages is granted because the jury's damages award was fundamentally tainted by the use of a legally inadequate methodology; and 5) district court's denial of Microsoft's motion for JMOL of invalidity is affirmed as the district court did not abuse its discretion in determining that the jury verdict of no invalidity of the '216 patent was supported by substantial evidence.
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