Commil USA, LLC v. Cisco Systems, Inc., No. 12-1042 (Fed. Cir. Dec. 28, 2015)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

This case returns to us on remand from the Supreme Court. See Commil USA, LLC v. Cisco Sys., Inc. , 135 S. Ct. 1920 (2015). While our previous opinion had reman d- ed this case to the district court for a new trial, Commil USA, LL C v. Cisco Sys., Inc. , 720 F.3d 1361, 1372 (Fed. Cir. 2013) , when we received the case back from the Supreme Court we granted Cisco’s request to retain the case and address Cis co’s remaining non-infringement arguments which we had declined to address in our previous opinion. ECF No. 101.