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Chief Judge Stark denies JMOL and finds application of Entire Market Value Rule supported by the evidence

Chief Judge Leonard P. Stark recently considered Symantec Corp.’s Motion for Judgment as a Matter of Law on noninfringement, invalidity and damages following a 10-day jury trial in January 2015 resulting in a plaintiff verdict.  Intellectual Ventures I LLC v. Symantec Corp., C.A. No. 10-1067-LPS (D. Del. March 10, 2016). Judge Stark denied the motion in all respects.  Of note, with regard to damages, Judge Stark found that substantial evidence supported the application of the Entire Market Value Rule and the jury’s damages award of $8 million.  Id. at 7.  In particular, Judge Stark noted that plaintiff “presented substantial evidence that virus detection and prevention in the cloud – the infringing component of the accused products – drives the basis for consumer demand for Symantec’s accused products.”  Id. at 7-8. For example, plaintiff’s damages expert testified that the patented component drove demand for the entire multi-component product; plaintiff’s infringement expert testified about the importance of the infringing component, testimony corroborated by Symantec’s documents; and both experts testified that Symantec would not have been able to sell the accused products without the patented technology.  Id. at 8.   Judge Stark noted that the law does not require that the infringing component solely drive demand.  Id.

 

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