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COURT OF APPEALS FOR THE FEDERAL CIRCUIT
Freshub, Inc. v. amazon.com, Inc.


Freshub, Ltd. and United States subsidiary Freshub, Inc. (together, Freshub) sued Amazon.com, Inc. and several of its subsidiaries (together, Amazon) in the Western Dis- trict of Texas, asserting infringement of Freshub’s patents on voice-processing technology, including U.S. Patent No. 9,908,153 . As relevant here, Amazon denied infringement and also asserted, as a defense, that the patent should be declared unenforceable based on inequitable conduct as- sertedly committed by Freshub’s parent company, Ikan Holdings LLC, in the Patent and Trademark Office—spe- cifically, in its successful petition to revive the earlier- abandoned U.S. Patent Application No. 11/301,291, from which all of Freshub’s asserted patents descend. A jury found that Amazon did not infringe the asserted claims of Freshub’s three asserted patents, while rejecting Amazon’s invalidity challenge—specifically, invalidity for lack of ad- equate written description. J.A. 6–14. The district court later denied Freshub’s post-trial motions challenging the verdict. Freshub, Inc. v. Amazon.com Inc., 576 F. Supp. 3d 458 , 461 (W.D. Tex. 2021) (Post-Trial Opinion). Between the jury trial and th

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