Patent Verdict in Marshall

In a scene somewhat less relaxing than this one canoeing at Fern in December, a Marshall jury in Judge Gilstrap’s court returned a verdict in the ATL v. CosMX case last Friday. All four claims were found infringed, but two were proven invalid. At least one of the four was willfully infringed (yes, I know what you’re thinking and no, we don’t know from the verdict form whether it was the ones that were not found invalid). Damages were set at $3,701,108. The jury also found that a letter by the plaintiff was not shown by clear and convincing evidence to be both objectively baseless and an attempt to interfere with a business relationship of a competitor through use of the litigation process, nor did the plaintiff engage in anticompetitive conduct.

First Patent Verdict of the Year – $57 Million in Austin

The award for first patent verdict goes (as best I can tell) to Ravgen v. Natera, which was tried before Judge Albright in Austin last week. Both claims infringed, but not willfully. The jury’s award of $57 million was a fraction of the plaintiff’s requested $410 million, even though the defendant didn’t out up a damages expert. The jury began deliberations Friday, then came back today.

Split Waco Patent Verdict

A Waco jury in Judge Albright’s court found all of the plaintiff Impinj’s patents infringed and none invalid, and awarded $1.8 million of the requested approximately $2.3 million.  The defendant NXP had countersued for infringement of its own patents, but the jury found those claims not infringed.  I understand that whatever invalidity claims there were against the NXP patents was dropped before trial.

Patent Plaintiff Verdict in EDTX – Sherman

A Sherman jury in Judge Mazzant’s court found for the plaintiff, a subsidiary of SkyBell Technologies, yesterday in a patent case dealing with home security. It found all three asserted claims infringed, to willfully, and none invalid (nor did it find for the defendant on the 101 factual predicate question). It awarded $45,418,641.70.