VirnetX Postverdict Motions Analysis – JMOLs, Enhanced Damages & Attorney’s Fees

It’s been a busy few weeks finalizing some other projects, including tests, papers, seminar presentations and the like (and I finally finished that anime-ish P-40 for Parker with accurate paint colors), but I’m finally able to turn more of my attention to some of the very interesting activity in the district in the last few weeks.  And speaking of interest, there are few cases that have generated more than VirnetX v. Apple, which just had its most recent trial’s postverdict motions come out. Most legal news is interested in the bottom line – that the verdict amount of $302 million resulted in a $439 million judgment, but for practitioners the analysis of how it got there is of great interest – I am not the only one out there that enjoys a good JMOL.  So I wanted to work through the motions, but only after a short … well, that’s a lie, it’s not going to be short – procedural history.

Tyler verdict goes both ways in data compression case

Just got back from vacation with the herd and in the mad rush to get out didn’t get a post up on this verdict from Tyler in Judge Schroeder’s court which gave both sides something to cheer about.

I’ll be adding other posts during the day (because of course the first day back in the office after vacation is a leisurely one).  There’s another verdict and we now have three weeks of filing data post TC Heartland to examine.  And no, Collin isn’t possessed, but we are making him sleep with garlic flowers for a few weeks just, you know, in case.

Would you like a dismissal with prejudice, or summary judgment with (sua sponte) sanctions including costs and fees?

Ever wonder what complete and total happiness looks like?  Well, my youngest Parker finally getting to see the completely restored and illuminated starship Enterprise at the Smithsonian last month comes pretty close.

But something else that also comes pretty close is when you file a motion to dismiss a patent case, the plaintiff dismisses the case with prejudice and the Court stops them at the door and asks you if you’d like to get your costs and attorney’s fees back as well.

That was the case in this recent set of decisions by Magistrate Judge Love and Judge Schroeder in this Tyler case  which outline some interesting issues with regard to the interplay between motions to dismiss and summary judgment, as well as voluntary dismissals.

Private Securities Fraud Class Action Certified

Class actions are not the most common form of cat in the Eastern District of Texas, but they are filed from time to time.  This case provides an interesting look at the standards applied to motions to certify a class, as well as to the standards applied by district judges reviewing reports and recommendations regarding class certification, as well as a thick block of analysis on the specific requirements of private securities fraud class actions as set forth in Amgen.  If you’re addressing similar issues, the two opinions are worth a close study.  If you’re not, this is an hour of your life you can keep.

Verdict in antitrust case

The last of last week’s Marshall juries came back this week with a $44 million verdict in the antitrust case in Judge Trey Schroeder’s court.  The case involved claims by plaintiffs who serviced or refurbished GE anesthesia machines, and as suits a seven day jury trial involved a 32 page verdict, analyzed below.

Congratulations again to plaintiff’s local counsel, and, uh, well, again, there’s no one local to send sympathies to on the losing side.