Jury Awards Netlist $445 Million, But There’s a Catch

U.S. District Courtroom – Marshall, Texas – Photo: Carol M. Highsmith 

A Marshall jury in Judge Gilstrap’s court rendered a verdict in favor of plaintiff Netlist in its case against Micron Thursday afternoon. The jury found claim(s) in both asserted patents infringed, and willfully so. It assessed $425 million in damages for one patent, and $20 million for the other. There were no invalidity issues submitted, but the patent claim generating the $425 million has been found invalid in a PTAB decision that is subject to appeal, and the other patent is under review.

FREE CLE – “AI-101 For Experienced Trial Lawyers” – ABOTA Foundation Webinar

I am pleased to announce a special extended two-hour free webinar (.5 hour ethics) next Tuesday from noon to 2pm Texas time on AI for trial lawyers – current agenda HERE. The panel is open to all, and you can register for free HERE. After a welcome by ABOTA president La’Verne Edney, Professor Liz Fraley will talk about ethics, and I will chair a panel of lawyers on the use of AI in pretrial and discovery. Judge Jerome Evans will wrap us up with a judicial panel including Texas federal judges Xavier Rodriguez from the WDTX and our Tex-ABOTA Jurist of the Year Amos Mazzant from the EDTX. It will be informative and fun. Did I mention it’s free too?

Eastern District of Texas: Past & Present

I enjoyed very much this special presentation hosted by the Grayson and Collin County Bar Associations and the Judge Paul Brown and Curt B. Henderson Inns of Court last week. Senior Judges Richard Schell and Ron Clark spoke on the history and unique culture of the district, moderated by U.S. District Judge Judge Sean Jordan. The high point for me was Judge Schell’s description of being chief judge as being like being president of a cemetery – you’re over a lot of people but nobody’s listening to you.

Motion to Transfer to WDWA Denied

Judge Payne denied Amazon’s motion seeking a transfer to Washington, finding that “Defendant’s generalized argument that documents are located in the Western District of Washington based on development efforts in Seattle is unpersuasive in light of the supporting assertions demonstrating that the documentary evidence is actually located on servers in Oregon or Virginia.” He also concluded, citing the Fifth Circuit’s guidance in In re Clarke, that “Amazon’s speculative statistics [the number of cases pending before each forum] carry little weight, and that the significantly lower time to trial in this District weighs against transfer.”

Tesla to California

Judge Ezra granted Tesla’s motion to transfer Graphite Charging’s patent infringement case against Tesla – filed in Tesla’s headquarters division of Austin, Texas – to California. Of interest, the specific facts regarding Tesla’s contacts with Austin are heavily redacted, so the metrics of Tesla’s contacts with Austin are not publicly available. But Judge Ezra noted that while Tesla did recently move its corporate headquarters to Austin, its engineering headquarters remain in NDCA, and the accused products were designed and developed primarily in the NDCA.