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Judge Joseph J. Farnan, Jr.: New Jury Verdict – CIF Licensing, LLC v. Agere Systems, Inc.

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On February 17, 2009, a Delaware jury returned a verdict in the case of CIF Licensing, LLC, d/b/a/ GE Licensing v. Agere Systems, Inc., C.A. No. 07-170-JJF. The patents-in-suit, U.S. Patent Nos. 5,048,054, 5,428,641, 5,446,758 and 6,198,776, involve technology related to modems. The jury returned an infringement verdict against defendant on all four patents. For the ’641 and ’776 patents the jury found defendant Agere’s infringement to be willful. The jury also found three of the patents invalid. The ’054 and ’758 patents were found invalid as they were anticipated by prior art. The ’054, ’758 and ’776 patents were also found invalid as obvious in light of the prior art. The jury awarded damages to the plaintiff in the amount of $7.6 million (based on a 13.5% royalty rate for hardware modems and 4.5% royalty rate for software modems). A copy of the public version of the verdict form can be found below.

CIF Licensing, LLC, d/b/a/ GE Licensing v. Agere Systems, Inc., C.A. No. 07-170-JJF, Verdict Form (D. Del. Feb. 17, 2009).

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