Intellectual Property News and Reports

Plaintiff-Appellant Medisim Ltd. (“Medisim”) appeals the grant of judgment as a matter of law (“JMOL”) by the United States District Court for the District of New York that U.S. Patent No. 7,597,668 (“’668 patent”) is anticipated by Medisim’s own prior art FHT-1 thermometer. See Medisim Ltd. v. BestMed LLC, 959 F. Supp. 2d 396, 425 (S.D.N.Y. 2013). It also appeals the district court’s grant of JMOL in BestMed, LLC’s (“BestMed”) favor on Medisim’s unjust enrichment claim. Id. at 426. Because BestMed failed to preserve its right to JMOL on anticipation under Federal Rule of Civil Procedure 50, we vacate the district court’s grant of JMOL on that claim. However, we affirm the district court’s grant of JMOL on Medisim’s unjust enrichment claim and its conditional grant of a new trial on anticipation. We remand this case for further proceedings.