Beachcombers v. Wildewood Creative Products

PLAGER, Circuit Judge. This is a patent infringement case involving an improved kaleidoscope1 as described and claimed in the patent-in-suit, U.S. Patent No. 4,740,046 (the '046 patent). A jury of the United States District Court for the Eastern District of California found in favor of the accused infringer, WildeWood Creative Products, Inc. (WildeWood), finding that the asserted claims of the '046 patent were invalid and were not infringed by the accused ILLUSION kaleidoscope. The trial court, in accordance with the jury verdict, entered judgment for defendant on September 8, 1992, Civil Action No. CV-F-91-415 OWW. On January 15, 1993, the court denied plaintiffs' motion for judgment as a matter of law (JMOL) or, in the alternative, a new trial. Plaintiffs appeal. We affirm-in-part and vacate-in-part.