The jury returned a verdict Friday, May 3, 2013, in Cellectis S.A. v. Precision Biosciences, Inc., C.A. No. 11-173-SLR, finding that Precision Biosciences did not literally or indirectly infringe any claim of U.S. Patent No. 7,897,372, and that the asserted claims were invalid for obviousness and for lack of an adequate written description.
After an eleven day trial before Chief Judge Gregory M. Sleet, a jury recently returned a defense verdict in litigation involving computer security products. Finjan, Inc. v. Symantec Corp., et al., C.A. No. 10-593 (GMS) (D. Del. Dec. 20, 2012). The jury found that none of the three defendants literally infringed the patents asserted against them, and that every asserted claim of those patents was invalid in any event as both anticipated and obvious.
A jury returned a verdict in favor of a plaintiff today, finding after a week long trial held before Judge Sue L. Robinson that Apple's iPhone infringes three of the plaintiff's patents: U.S. Patent Nos. 6,070,068; 6,253,075; and 6,427,078. MobileMedia Ideas, LLC v. Apple Inc., C.A. No. 10-258-SLR (D. Del. Dec. 14, 2012). The jury rejected Apple's arguments that each of the three patents is invalid. A trial on damages has not yet been scheduled.
Jury verdicts of no infringement and invalidity of St. Jude’s patents in St. Jude v. Volcano Corp. C.A. No. 10-631-RGA
On October 19th, 2012, the jury returned a verdict in St. Jude Medical v. Volcano Corp., C.A. No. 10-631-RGA (D. Del.). The case involved patents related to technology for diagnosis of heart disease. The jury unanimously found that St. Jude failed to prove that Volcano infringed St. Jude’s patents (U.S. Patent Nos. 6,112,598 and 6,248,083). The jury also found that claims 1, 2 and 10 of St. Jude’s patents were invalid as anticipated and obvious (U.S. Patent Nos. 5,938,624 and 6,196,980).
On October 25, 2012, after a second trial on Volcano’s counterclaims, the jury returned a verdict that Volcano had failed to prove that St. Jude literally infringed one of its patents (U.S. Patent No. 5,178,159) and that St. Jude infringed three of its patents under the doctrine of equivalents (U.S. Patent Nos. 5,178,159, 5,797,856, and 6,976,965).
Jury awards damages of $50 million based on 6% royalty rate for contributory and induced infringement of patent relating to enzyme replacement therapy to treat Fabry disease.
A jury recently awarded a plaintiff $50 million in damages based on a 6% royalty rate after finding that the defendant induced and contributed to the infringement of U.S. Patent No. 7,011,831 (“Recombinant α-galactosidase A therapy for Fabry disease”), and that the asserted claims were not invalid as anticipated, for failure to meet the written description requirement, or for failure to meet the enablement requirement. Shelbyzyme LLC v. Genzyme Corp., C.A. No. 09-768-GMS (D. Del. July 17, 2012).
On April 27, 2012, the jury returned a verdict in Power Integrations, Inc. v. Fairchild Semiconductors International, Inc., et al., C.A. No. 08-309-LPS. The case involved infringement allegations by both the plaintiff and the defendants involving a total of six patents related to DC output power supplies or power converters. The jury found that Fairchild literally infringed, and induced the infringement of, two of Power's four asserted patents (U.S. Patents No. 6,249,876 and 6,107,851). Power was found to have infringed under the Doctrine of Equivalents one of Fairchild’s two asserted patents (U.S. Patent No. 7,259,972). The jury found that none of the asserted patents were invalid as anticipated or obvious. Because this case was bifurcated, willfulness and damages have not yet been tried.