`MIDDLE DISTRICT OF NORTH CAROLINA
`OptoLum, Inc.,
`Plaintiff,
`
`)))))))))))
`
`vs.
`Cree, Inc.,
`Defendant.
`
`Civil Action No. 1:17-cv-
`00687
`
`I.
`
`PLAINTIFF OPTOLUM, INC.’S MOTION FOR JUDGMENT AS A MATTER
`OF LAW PURSUANT TO FED. R. CIV. P. 50(b) THAT THE ASSERTED
`PATENTS ARE NOT INVALID UNDER 35 U.S.C. § 103
`INTRODUCTION
`Pursuant to Fed. R. Civ. P. 50(b), Plaintiff OptoLum,
`Inc. (“OptoLum”) hereby moves the Court for Judgment as a
`Matter of Law that the Asserted Patents are not invalid
`under 35 U.S.C. § 103. OptoLum previously filed a Motion
`for Judgment as a Matter of Law under Rule 50(a), Dkt. No.
`341, which was granted with respect to one combination of
`references but denied with respect to the other.
`As demonstrated in the supporting memorandum filed
`herewith, no reasonable jury could find that Defendant
`Cree, Inc. (“Cree”) had met its burden to prove obviousness
`of the Asserted Patents by clear and convincing evidence in
`
`Case 1:17-cv-00687-WO-JLW Document 348 Filed 12/07/21 Page 1 of 2
`
`
`
`light of Cree’s only remaining combination of references
`and in view of the objective indicia of non-obviousness.
`WHEREFORE, OptoLum respectfully requests that this
`Court enter an order granting Judgment as a Matter of Law
`that the Asserted Patents are not obvious. A Memorandum in
`support of this Motion is filed concurrently herewith.
`
`Dated: December 7, 2021
`
`
`
`Respectfully submitted,
`
`By: /s/ Leah R. McCoy
`Leah R. McCoy
`MCCARTER & ENGLISH, LLP
`265 Franklin Street
`Boston, MA 02110
`Telephone: (617) 449-6593
`Facsimile: (617)607-9200
`Email: lmccoy@mccarter.com
`
`/s/ Jacob S. Wharton
`Jacob S. Wharton
`NC State Bar No. 37421
`WOMBLE BOND DICKINSON
`One West 4th Street
`Winston-Salem, NC 27101
`Telephone: (336) 747-6609
`Facsimile: (336) 726-6985
`Email: jacob.wharton@wbd-
`us.com
`
`Attorneys for Plaintiff
`OptoLum, Inc.
`
`ME1 38110030v.3
`
`2
`
`Case 1:17-cv-00687-WO-JLW Document 348 Filed 12/07/21 Page 2 of 2
`
`
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