Appeal
from the United States District Court for the Central
District of California in No. 2:15-cv-04424-AG-AJW, Judge
Andrew J. Guilford.
Laurence M. Sandell, Mei & Mark LLP, Washington, DC,
argued for plaintiff-appellant. Also represented by Lei Mei.
Joseph
Pia, Pia Anderson Moss Hoyt, Salt Lake City, UT, argued for
defendants-appellees. Also represented by Robert Aycock.
Before
Moore, Wallach, and Taranto, Circuit Judges.
MOORE,
CIRCUIT JUDGE.
ATEN
International Co., Ltd. ("ATEN") appeals the United
States District Court for the Central District of
California's denial of judgment as a matter of law
("JMOL"), which declined to overturn the jury's
findings that the asserted claims of U.S. Patent No. 8, 589,
141 are invalid as anticipated under 35 U.S.C. § 102 and
not infringed; and that the asserted claims of U.S. Patent
No. 7, 640, 289 are not infringed. For the reasons discussed
below, we reverse as to invalidity and affirm as to
noninfringement.
BACKGROUND
Uniclass
Technology Co., Ltd. ("Uniclass") and ATEN are
involved in making and selling keyboard-video-mouse
("KVM") switch systems that allow a user to control
multiple computers from a single keyboard, video device, and
mouse. ATEN sued Uniclass as well as Electronic Technology
Co., Ltd.; Airlink 101; Phoebe Micro, Inc.; Broadtech
International Co., Ltd. d/b/a Linkskey; Black Box
Corporation; and Black Box Corporation of Pennsylvania
(collectively, the "customer defendants") alleging,
as relevant here, infringement of claims 3, 8, and 10 of the
'141 patent and claims 1-20 of the '289 patent. The
'141 patent is directed to technology for switching
between computers that share a keyboard, monitor, and mouse
through a KVM switch, such as a keyboard shortcut. '141
patent at 2:51- 61. Claim 3 depends from claims 1 and 2, and
claim 8 depends from claim 1. Independent claim 1 recites:
1. A method for controlling a resource sharing apparatus
coupling at least one input device to a plurality of hosts
including a first host, the method comprising:
connecting the input device to the first host;
while the input device is connected to the first host,
acquiring a first input signal from the input device and
determining whether the first input signal comprises a
standby indication of a switch command and wherein the
standby indication is for indicating that connection between
the input device and the first host can be changed; and
in response to a determination that the first input signal
comprises the standby indication, disconnecting the input
device from the first host without connecting the input
device to any other host and starting emulating the input
device to the first host; and acquiring a second input
signal from the input device, wherein the second input
signal is not transferred to the hosts when it is inputted
to the resource sharing apparatus.
The
'289 patent is directed to technology for stringing
together several KVM switches. '289 patent at 2:1-6. It
provides that each KVM switch can detect whether it is a
master or slave by, for example, detecting whether the port
used to connect other KVM switches is occupied. Id.
at 4:1- 4. Independent claim 1 recites:
1. A computer switch comprising:
a set of peripheral device ports for connecting to a set of
peripheral devices;
a first port;
a second port;
a control device coupled to the first port and the second
port, the control device repeatedly detecting whether the
first port is occupied to repeatedly determine a master or
slave status of the computer switch, wherein
if the first port is occupied, the control device
determines the computer switch to be a slave and provides
data to a first external computer switch connected to the
first port, and
if the first port is unoccupied, the control device
determines the computer switch to be a master and controls a
second external computer switch connected to the second port
and obtains data from the second external computer switch;
and
a plurality of computer connection ports coupled to the
control device for connecting to and controlling a
plurality of computers, wherein the plurality of computers
are controlled by the set of peripheral devices if the
computer switch is determined to be a master, and are
controlled by the first external computer switch connected
to the first port if the computer switch is determined to
be a slave.
At
trial, the jury found that Uniclass did not infringe the
asserted claims of the '141 or '289 patents. It also
found the asserted claims of the '141 patent were invalid
as anticipated without specifying which reference was the
basis for its finding. ATEN moved for JMOL, which the
district court denied in the aspects relevant to this appeal.
ATEN
timely appealed. We have jurisdiction under 28 ...