After a trial in the Eastern District of Texas, a jury found that Google's Cloud Messenger and Cloud to Device Messenger infringed the asserted claims of a patent directed to wireless broadcasting and concluded that Google had not proven the claims to be invalid. Google moved for judgment as a matter of law, which was denied. Following this denial and the ensuing $85 million damages award, Google appealed to the Federal Circuit. The Federal Circuit (Wallach, J. joined by Moore, J. and Reyna, J.) concluded that the district court misconstrued two key claim limitations, and that under the correct construction there could be no infringement as a matter of law. Accordingly, the Federal Circuit reversed the district court's judgment and remanded with instructions to enter judgment of noninfringement in Google's favor. The Federal Circuit additionally rejected Google's contention that the asserted claims were invalid for indefiniteness.

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