Failure to Renew Motion for Judgment After Verdict Precludes Challenge on Appeal According to Supreme Court

Case: Unitherm Food Sys., Inc. v. Swift-Eckrich, Inc., No. 04–597 (U.S. Supreme Court, 1/23/06)


The One Sentence Summary: The Federal Circuit could not grant a new trial based upon insufficiency of evidence where the respondent failed to renew its motion for judgment as a matter of law or move for a new trial after the jury's verdict.


What They Were Fighting About: A jury verdict of liability on a Walker Process claim for attempting to enforce a patent obtained by fraud on the Patent and Trademark Office could not be overturned on appeal where respondent failed to comply with Fed. R. Civ. Proc. 50(b).

Supreme Court Holdings:

• Rule 50(b) of the Federal Rules of Civil Procedure requires that a motion for judgment as a matter of law must be renewed after trial, or a motion for new trial must be made. Failure to request after a verdict that the district court enter judgment as a matter of law or grant a new trial deprives the appellate court of power to grant the relief.