A Marshall jury in Judge Gilstrap’s court rendered a verdict for defendant HTC last Friday. The jury found that none of the asserted claims were infringed, and went home. The verdict is below.
A recent EDTX decision staying a case noted what the moving party needed to stipulate to to obtain the stay, as well as the fact that the PTO would be using the Phillips standard in reviewing the claims.
After a four-day trial in December, a Marshall jury in Judge Roy Payne’s court found that Defendant TCL willfully infringed claims 1 and 5 of United States Patent No. 7,149,510 asserted by Plaintiff Ericsson by selling phones and devices equipped with the Google Android operating system, and the jury awarded $75 million as a lump sum royalty.
The court previously ordered a new trial on damages after finding Ericsson’s damages theory unreliable, but last Thursday the Court reconsidered that order, reinstated the jury’s verdict in full, and resolved all other remaining disputes, i.e. TCL’s motions for judgment as a matter of law, and Ericsson’s motions for enhanced damages and attorney’s fees.
Seems like just last week that I summarized where we were on local decisions after the Federal Circuit held that some Section 101 issues were questions of fact. Oh wait, it was just last week. Well, we have another one – this time within an order denying a Section 101 motion at the pretrial stage, this time explicitly concluding that there were issues of fact that precluded dismissal as to two of the three asserted patents.
Yesterday’s Senate Judiciary committee hearing presided over by Sen. Ted Cruz of Texas included the remaining two nominations for the Eastern District of Texas, J. Campbell Barker and Jeremy Kernodle. All three nominees for the four vacancies in the EDTX have had their hearings now. I’ll post as information becomes available on committee and floor votes.
Motions to transfer alleging inconvenience aren’t as common as they were before TC Heartland, but you still see them from time to time. In this case, Judge Mitchell concluded that the relevant factors made the proposed transferee forum in California “clearly more convenient.