Promega v. Life Technologies was decided on November 13, 2017 on appeal from the Western District of Wisconsin, on remand from the Supreme Court. In the first instance at trial, the jury award plaintiff Promega $52 million in lost profit damages based on all of defendant Life Tech’s worldwide sales. The district court granted …
Georgetown Rail v. Holland was decided on August 1, 2017 on appeal from the Eastern District of Texas. A jury found that defendant Holland willfully infringed plaintiff Georgetown Rail’s patent and award lost profits. The district court then denied Holland’s motion for JMOL, and enhanced damages based on the finding of willfulness. …
This post attempts to collect and present patent jury verdicts from the years 2015 and 2016. Only jury awards are included (no bench awards, arbitration awards, settlements, or the like). Figure 1: The median jury verdict dropped from around $12.3M in 2015 to around $7.1M in 2016. There were 35 jury …
Mentor Graphics v. EVE-USA was decided on March 16, 2017 on appeal from the District of Oregon. The patents concerned simulation/emulation technology. After plaintiff Mentor sued defendant EVE for patent infringement, EVE sued Mentor for a declaratory judgment that a non-asserted patent was invalid. Mentor then counterclaimed for willful infringement of …
This post attempts to collect and present patent jury verdicts of 2016. The relevant time period is January 1, 2016 to December 31, 2016. The appendix below contains all cases used arranged by district. Figure 1. The lowest jury award of 2016 was $50,000. The median was $7,185,190. …
WesternGeco v. ION was decided on September 21, 2016 on appeal from the Southern District of Texas. The case was on remand from the Supreme Court in light of Halo v. Pulse. At the district court, the jury found infringement and no invalidity as to all asserted claims, and awarded Plaintiff-WesternGeco lost profits …
Akamai v. Limelight was decided on November 16, 2015 on appeal from the District of Massachusetts. There, a jury found that plaintiff Akamai’s patent (claiming a method for delivering content over the internet) was not invalid and was infringed by defendant Limelight. To prove damages, Akamai relied on Dr. Ugone’s expert testimony, …
Nordock v. Systems was decided on September 29, 2015 on appeal from the Eastern District of Wisconsin. There, a jury found defendant Systems infringed plaintiff Nordock’s design patent, and that the patent was not invalid. Nordock’s damages expert testified that System’s net profit for the sale of the infringing items was …
Versata v. SAP was decided on May 1, 2013. The case involved many issues but this post will only focus on lost profits. The patented invention related to organizing pricing information. The jury found that defendant SAP infringed plaintiff Versata’s asserted claims, and awarded $260 million in lost profits and …