I just posted on Friday’s Kaist verdict. For those keeping track, that’s two plaintiff verdicts and two defense verdicts in patent cases thus far, with plaintiffs going 1-0 in Tyler and 1 out of 3 in Marshall. We are not quite at the halfway mark for the year, but we’re close enough that I can provide some comparison between last year and this year as far as verdicts numbers and outcomes. (Spoiler alert – the result was 50/50 at this point last year as well, with the tiebreaker going to the defendant on damages).
A Marshall jury in Judge Gilstrap’s court found the asserted claims willfully infringed in the Kaist case and awarded $400 million. It also rejected all of the asserted invalidity defenses. The plaintiff is the intellectual property arm of a South Korean research university. The defendants are Samsung Electronics Co., Ltd, Qualcomm, Inc., and GlobalFoundries Inc..
A quick review indicates that this is the largest patent verdict in Marshall since January of 2011 in a medical device case, and the second largest in Judge Gilstrap’s court in the six-plus years he has been on the bench. The only one larger was a Tyler case, Smartflash, which he set aside in postjudgment proceedings.
I’ll post separately on where that leaves us on verdicts compared to last year, and will attach the verdict when it’s posted.
As I posted a few weeks back, I was named to the Law360 Intellectual Property Editorial Advisory Board earlier this year. Advisory board members are asked to identify specific, major trends, cases, or issues of importance in our practice area to help it plan Law360’s future coverage, and yesterday we had a lengthy call to discuss possible topics. (Spoiler alert: Section 101 is apparently still a big deal).
- “how to/best practices” articles for lawyers on a discrete subject; and
- articles on trial court practices, especially in patent cases.
This venue opinion is sort of a double-header, since it includes an order from Magistrate Judge Love, followed by a second order overruling objections to a different report & recommendation from Judge Love by Judge Schroeder. So maybe that’s a tripleheader, but the middle one is secret.
There are a number of significant recent venue opinions in the past few days – significant because they’re all from different judges. The week is getting busy with hearings and hearing prep, but I wanted to start rolling out commentary, beginning with this one from Judge Mazzant in Sherman.
The 2018 Tex-ABOTA Roundup ended Saturday night in Santa Fe with the traditional awards recognizing EDTX Judge Gilstrap as Tex-ABOTA’s 2018 Jurist of the Year, and as Champions of Civil Justice Debbie Keen and Dr. Joyce Johnson. The Dallas chapter nominated Ms. Keen, but when we learned she’s actually from Frisco, which is in the EDTX, we adopted her as well.
The East Texas chapter’s nominee Dr. Johnson of Stephen F. Austin State University’s Pre-law Academy could not be present because she was putting on the program for which she won the award, so her acceptance was a brief video.
The look on her presenter Rusty Phenix of Henderson’s face as her video played says it all. Everyone from East Texas was puffed up like a toad we were so proud. And of Judge Gilstrap too, of course.