Medisim Ltd. v. Bestmed, LLC

PROST, Chief Judge.

Plaintiff-Appellant Medisim Ltd. (“Medisim”) appeals the grant of judgment as a matter of law (“JMOL”) by the United States District Court for the District of New York that U.S. Patent No. 7,597,668 (“'668 patent”) is anticipated by Medisim’s own prior art FHT-1 thermometer. See Medisim Ltd. v. BestMed LLC, 959 F.Supp.2d 396, 425 (S.D.N.Y.2013). It also appeals the district court’s grant of JMOL in BestMed, LLC’s (“BestMed”) favor on Medisim’s unjust enrichment claim. Id. at 426. Because BestMed failed to preserve its right to JMOL on anticipation under Federal Rule of…