The next situation relevant to the remittitur/additur distinction in patent cases arises when the trial judge reduces the amount of damages determined by the jury. That happened in this recent EDTX patent case when
This is a FLSA case in which the defendant’s amended partial motion for summary judgment sought relief as to severalof the asserted claims. The magistrate judge detailed the facts of the case and granted the motion in part, as set forth in his report, attached and discussed below.
Last week a Beaumont jury in Chief Judge Ron Clark’s court returned a verdict in favor off the plaintiff in Barry v. Medtronic, which dealt with devices used in scoliosis surgeries. It found all the asserted claims infringed and willfully so, and that none of the defensive issues had been shown by clear and convincing evidence. It awarded a total of $20,346,390.