Articles Posted in Verdicts

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On March 24, the jury in Intellectual Ventures v. Motorola Mobility, C.A. No. 11-908-SLR, returned a verdict of direct, contributory, and induced infringement for plaintiff for one of the patents-in-suit.  For the patent the jury found not infringed, it also found that this patent was invalid as obvious.

UPDATE: The Court released an additional verdict sheet in this case regarding different patent-in-suit.  For this third patent, the jury returned a verdict of direct, contributory, and induced infringement for plaintiff.

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(Feb. 6, 2015) Today a jury in the District of Delaware awarded $27.6 million to Sprint Communications Company, L.P. from Comcast Cable Communications, LLC and Comcast IP Phone, LLC for patent infringement of all asserted claims of U.S. Patent Nos. 5,742,605 and 6,108,339. Comcast IP Holdings I LLC v. Sprint Communications Company LP et al., D. Del., 1:12-cv-01013-RGA.

This is the first patent damages award by a Delaware jury in 2015.  In 2014, nearly one billion dollars in patent infringement damages were awarded by Delaware juries.

As between the parties to today’s verdict, a jury previously returned a $7.5 million verdict to Comcast from Sprint for patent infringement found in a separate Delaware suit, Comcast IP Holdings I LLC v. Sprint Communications Co. LP et al., D. Del., 1:12-cv-00205-RGA (see http://www.delawareiplaw.com/2014/10/verdict-comcast-ip-holdings-v-sprint-12-205-rga.html), from which counterclaims were previously severed to create the suit just tried.

A third patent infringement suit between the parties, Sprint Communications Company L.P. v. Comcast Cable Communications, LLC et al., D. Kan., 2:11-cv-02684, remains pending in Kansas.

2015.02.06 Verdict Form, Comcast IP Holdings I LLC v. Sprint Communications Company LP et al., D. Del., 1:12-cv-01013-RGA

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On January 27, 2015, the jury in Round Rock Research, LLC v. Sandisk Corporation, C.A. No. 12-569-SLR returned a verdict finding infringement of some claims, but invalidity as to both patents-in-suit.  The jury found some asserted claims of both patents-in-suit had been directly infringed, but none of the asserted claims were indirectly infringed.  However, the jury also found all of asserted claims invalid as anticipated or obvious.

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On Tuesday, the jury in Interdigital Communications, Inc., et al. v. ZTE Corporation, et al., C.A. No. 13-009-RGA (D. Del. Oct. 28, 2014) returned a verdict for the plaintiffs, finding all asserted claims of the three patents-in-suit infringed and not invalid.

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This week, the jury returned a verdict for plaintiff in Comcast IP Holdings I, LLC v. Sprint Communications Company L.P., et al., C.A. No. 12-205-RGA-CJB (D. Del. Oct. 15, 2014).  The jury found that plaintiff had proven infringement of all asserted claims and awarded $7.5 million in damages.

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This week, the jury returned a verdict for the plaintiff in this case.  Masimo Corporation v. Philips Electronics North America Corporation, et al., C.A. No. 09-80-LPS (D. Del. Oct. 1, 2014).  The jury found plaintiff’s patents not invalid as anticipated, obvious, for lack of written description, not enabled, and indefinite.  Furthermore, the jury found that a certain product was not an acceptable non-infringing substitute.  Defendants had previously conceded infringement.  The jury awarded plaintiff $466,744,783 in damages for infringement.

Defendants had one remaining asserted patent against plaintiff.  The jury also found that plaintiff had not literally or indirectly infringed this patent.

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Last week, a District of Delaware jury unanimously found in favor of Intellectual Ventures in its patent infringement suit against Canon. Intellectual Ventures asserted two patents related to semiconductor image sensors against various Canon digital cameras and video-cameras. The jury found that both patents were valid in the face of obviousness challenges and challenges to inventorship. The jury also found one of the two patents infringed by three Canon products. Intellectual Ventures I LLC, et al. v. Canon Inc., et al., C.A. No. 11-792-SLR, Verdict Sheet at 2-3 (D. Del. May 2, 2014).

Separately from these jury determinations, Judge Robinson entered an order construing the term “digital image magnification in a graphical user interface” as used in a third patent-in-suit, which was not a subject of the jury verdict. Her Honor explained that a claim construction disputed had arisen “as the parties’ experts dispute the meaning of ‘digital image magnification,’ the proper scope of which must be determined before presentation to a jury.” Judge Robinson adopted the construction “expanding image data – which may be represented in the form of pixels, a page description language, or any other form – on the screen of a digital device.” Intellectual Ventures I LLC, et al. v. Canon Inc., et al., C.A. No. 11-792-SLR, Memo. Or. at 1-2 (D. Del. May 5, 2014).

UPDATE:

A few days later, the same District of Delaware jury has found in favor of Canon on two other patents. The jury returned a verdict last Friday finding that various Canon had not induced infringement by selling various cameras that included certain features. The jury also found, however, that the two patents at issue were not invalid for anticipation or obviousness. Intellectual Ventures I LLC, et al. v. Canon Inc., et al., C.A. No. 11-792-SLR, Verdict Sheet at 2-4 (D. Del. May 9, 2014).

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On April 1, 2014, a jury returned a verdict in Silver Peak Systems, Inc. v. Riverbed Technology, Inc., C.A. No. 11-484-RGA-CJB (D. Del.), finding that Riverbed Technology, Inc. (“Riverbed”) infringed certain claims of U.S. Patent Nos. 7,945,736 (the “’736 Patent”) and 7,948,921 (the “’921 Patent”) asserted by Silver Peak Systems, Inc. Specifically, the jury found that Riverbed directly infringed claims 1, 2, 8, 9, 10, and 17 of the ’736 Patent under the doctrine of equivalents, and that Riverbed contributorily infringed those same claims. Further, the jury found that Riverbed induced infringement of claim 1 of the ’921 Patent.

The jury also found that claim 1 of the ’921 patent was not anticipated.

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In the longstanding patent and contract action between Personalized User Model and Google, a jury returned a verdict last week. The verdict form shows that the jury found no literal infringement by any Google product of any asserted claim and that the jury found both anticipation and obviousness for each asserted claim. In addition, the jury sided with Google on breach of contract claims, finding that the statute of limitations for the claim was tolled, that Google had acquired the right to assert the breach of contract claim, that Google had proven the breach of contract claim, and that the California Labor Code did not exempt the breach of contract.

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On February 28, the jury in Inventio AG v. Thyssenkrupp Elevator Corporation, C.A. No. 08-874-RGA returned a verdict. The jury found that defendant had infringed the asserted claims of U.S. Patent No. 6,835,465 and calculated damages to be $40,320. However, the jury also found that the asserted claims were invalid as obvious. The jury found that defendant had not met its burden to show that these claims were incalid for failing to meet the best mode requirement.

As to U.S. Patent No. 6,892,861, the jury found that defendant did not infringe the asserted claims, and that the asserted claims were also invalid as obvious. The jury also found this patent invalid for failing to meet the best mode requirement.

Finally, the jury found that both patents-in-suit had not named the correct inventors.

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