A few days ago I saw a post that someone was claiming that the average settlement in a “patent troll” case was $300,000, and tweeted in response “I would have said $30,000, and lately most less than that. Just my experience.” Karma being the friend that it is, that five days later Magistrate Judge Love issued this order setting the amount of a default judgment in a case at $20,000. While the order is redacted to remove references to the amounts of the prior settlements, what it does reveal is that the prior licenses led the Court to the $20,000 number, as discussed below.
They aren’t quite as near and dear to my heart as JMOL rulings, but pretrial rulings are a close second. The parties the ground rules for the conduct of the trial, including limine rulings, orders resolving the inevitable disputes over admissibility of expert testimony, and rulings on any summary judgment motions that remain outstanding. The seven rulings from this case, which is set for trial in only a few weeks, are a pretty good example of the genre. Below are copies of the rulings with analysis.
One of the interesting questions presented by trying infringement cases against defendants in serial form is when a finding on infringement as to one defendant acts as collateral estoppel in a subsequent case. That issue is riding the fire truck this week after the remaining defendants asked for it to be considered on an emergency basis after last Friday’s noninfringement verdict in Tyler.