United States Court of Appeals for the Federal Circuit ______________________

STEUBEN FOODS, INC., Plaintiff-Appellant

v.

SHIBUYA HOPPMANN CORPORATION, SHIBUYA KOGYO CO., LTD., HP HOOD LLC, Defendants-Appellees ______________________

2023-1790 ______________________

Appeal from the United States District Court for the District of Delaware in No. 1:19-cv-02181-CFC, Chief Judge Colm F. Connolly. ______________________

Decided: January 24, 2025 ______________________

COOK ALCIATI, Gardella Grace PA, Washington, DC, ar- gued for plaintiff-appellant.

JOHN CHRISTOPHER ROZENDAAL, Sterne Kessler Gold- stein & Fox PLLC, Washington, DC, argued for defend- ants-appellees. Also represented by WILLIAM MILLIKEN, ANNA G. PHILLIPS, BYRON LEROY PICKARD, DEIRDRE M. WELLS. ______________________ Case: 23-1790 Document: 45 Page: 2 Filed: 01/24/2025

2 STEUBEN FOODS, INC. v. SHIBUYA HOPPMANN CORPORATION

Before MOORE, Chief Judge, HUGHES and CUNNINGHAM, Circuit Judges. MOORE, Chief Judge. Steuben Foods, Inc. (Steuben) appeals the United States District Court for the District of Delaware’s entry of judgment as a matter of law (JMOL) of noninfringement for claim 26 of U.S. Patent No. 6,209,591, claims 19 and 22 of U.S. Patent No. 6,536,188, and claims 3 and 7 of U.S. Patent No. 6,702,985. Steuben Foods, Inc. v. Shibuya Hoppmann Corp., 661 F. Supp. 3d 322, 336 (D. Del. 2023) (Decision). Steuben also appeals the district court’s condi- tional grant of a new trial on infringement, invalidity, and damages. Id. For the following reasons, we reverse the JMOL for the ’591 and ’188 patents, affirm the JMOL for the ’985 patent, reverse the conditional grant of a new trial on noninfringement, and vacate the conditional grant of a new trial on invalidity and damages. BACKGROUND In 2010, Steuben filed a complaint in the United States District Court for the Western District of New York alleg- ing Shibuya Hoppmann Corp. infringed, inter alia, claims of the ’591, ’188, and ’985 patents (the Asserted Patents). In 2012, Shibuya Kogyo Co., Ltd. was added as a defend- ant. In 2012, Steuben filed a similar complaint, alleging HP Hood LLC infringed, inter alia, claims of the Asserted Patents. The cases were consolidated. In 2019, the West- ern District of New York granted a motion filed by Shibuya Hoppmann Corp., Shibuya Kogyo Co. Ltd., and HP Hood LLC (collectively, Shibuya) to transfer the case to the Dis- trict of Delaware. In 2020, the district court issued its claim construction order. In 2021, the district court denied cross-motions for summary judgment of noninfringement, infringement, and invalidity of the Asserted Patents. The district court held a five-day jury trial. Decision at 325. At the close of Case: 23-1790 Document: 45 Page: 3 Filed: 01/24/2025

STEUBEN FOODS, INC. v. SHIBUYA HOPPMANN CORPORATION 3

evidence, Shibuya moved for JMOL under Federal Rule of Civil Procedure 50(a) of noninfringement as to all asserted claims of the Asserted Patents. The district court denied the motions, and the jury returned a verdict that the As- serted Patents are valid and infringed and awarded $38,322,283.78 in damages. After the verdict, Shibuya renewed its JMOL of nonin- fringement under Rule 50(b) as to all asserted claims of the Asserted Patents; moved for JMOL in the first instance as to invalidity of the asserted claims of the Asserted Patents and as to damages; and, in the alternative, moved for a new trial if the district court did not find noninfringement for any of the claims. J.A. 5211–55. The district court granted Shibuya’s motion regarding noninfring