1/2 of a Plaintiff’s Verdict in Marshall Patent Case

A Marshall jury in Judge Rodney Gilstrap’s court returned a verdict for plaintiff Ollnova against defendant ecobee as to one patent – but found the claims of the other invalid.

The jury found at least one of the asserted claims infringed, and found that the claims limitations wouldn’t have been “well-understood, routine and conventional” to a POSITA at the relevant time, i.e. the patentable subject matter defense factual inquiry. The jury declined to find the claims of one patent invalid, but did find all of the claims of the other invalid. It assessed damages of $11.5 million in the form of a lump sum, not a running royalty.

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