Patent jury verdict; indications on submission of Section 101 issues

A Marshall jury in Judge Gilstrap’s court deliberated through 6:15 pm Friday evening in this case, came back for two hours Saturday morning, and finally completed deliberations yesterday morning, returning a verdict in favor of the plaintiff for approximately $10 million.  I wanted to address in this post a couple of issues that aren’t in the major media coverage of the case, but might be of interest to practitioners.

Kaist verdict – $400 million (updated post)

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.

Verdict in Apple v. VirnetX IV – $502.8 million

A Tyler jury in Judge Schroeder’s court returned a verdict yesterday in the latest VirnetX trial against Apple.  It found that Apple’s FaceTime and VPN On Demand infringed four VirnetX patents and set damages at $502.6 million.  It comes back today to begin the willful infringement portion of the trial. The first VirnetX trial in 2012 resulted in infringement and an award of $368 million for older Apple products.  The Federal Circuit affirmed the infringement finding but required a new trial on damages. Judge Schroeder combined the damages retrial on the older products with the soup to nuts trial on newer products in February 2016, which resulted in a $625 million verdict. Apple convinced him to set that combined verdict aside, thus requiring the two cases to be retried separately. On the older products damages retrial the jury found $302 million, which the Court later enhanced to $439 million, and that verdict is on appeal – and now the second verdict on the newer products is $502.6 million.  So the separate trials yielded verdicts of $804.6 million before enhancement, compared to the consolidated trial in 2016 of $625 million. How much of that is attributable to post-February 2016 sales I do not know.