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Published opinion

Before LOURIE, RADER, and SCHALL, Circuit Judges.

Hearing Components, Inc. (“Hearing Components”) appeals from the judgment of the United States District Court for the Eastern District of Texas determining that claims 1 and 2 of U.S. Patent 5,401,920 (the “’920 patent”) are invalid as being indefinite. Hearing Components, Inc. v. Shure, Inc., No. 9:07-CV-104, slip op. at 11–13 (E.D. Tex. Dec. 1, 2008) (“Claim Construction Opinion”). Hearing Components also appeals from the court’s grant of judgment as a matter of law (“JMOL”) of noninfringement of claims 17 and 36 of U.S. Patent 4,880,076 (the “’076 patent”) and claims 1 and 13 of U.S. Patent 5,002,151 (the “’151 patent”) by Shure Inc.’s (“Shure’s”) earphones employing a straight nozzle. Hearing Components, Inc. v. Shure, Inc., No. 9:07-CV-104, 2009 U.S. Dist. Lexis 17163 (E.D. Tex. Mar. 6, 2009) (“Infringement Opinion”). Shure cross- appeals from the court’s denial of JMOL of noninfringement of the same claims of the ’076 and ’151 patents by Shure’s earphones employing a barbed nozzle, id., its denial of JMOL of invalidity, Hearing Components, Inc. v. Shure, Inc., No. 9:07-CV-104, 2009 U.S. Dist. Lexis 17168 (E.D. Tex. Mar. 6, 2009) (“Validity Opinion”), and its determination of no laches, J.A. 4940–49, for those patents. We affirm in part, reverse in part, and remand.

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