In AVM Technologies, LLC v. Intel Corporation, C.A. No. 15-33-RGA (D. Del. Apr. 17, 2017), Judge Richard G. Andrews granted Plaintiff’s motion for summary judgment as to issue preclusion and denied Defendant’s motion for summary judgment as to no damages based on issue preclusion. A prior litigation between the same parties and before Judge Andrews included a grant of Defendant’s motion for summary judgment of no damages, based on Plaintiff’s inability to prove damages as to the particular accused products in the prior case.
Defendant’s issue preclusion argument for this case was “based on its contention that Plaintiff ‘previously sought a lump-sum payment that would compensate it for all alleged infringement of the ‘547 patent by Intel, both past and future.’ According to Defendant, this case presents the same issue because Plaintiff is again seeking a reasonable royalty payment for infringement of the ‘547 patent. If Plaintiff had successfully won on damages in [the first case], Defendant contends, Plaintiff would not be able to seek damages for infringement of the same patent in the instant case.” Id. at 2. But the Court framed the “issue” in question for collateral estoppel purposes more narrowly than Defendant: “It was whether Plaintiff had sufficient evidence of damages to avoid summary judgment on its suit against two particular accused products. Had the case gone to the jury, and had the jury awarded a lump sum, [the Court] would now have to decide whether the jury’s damages verdict covered non-accused products. But the jury did not have a chance to pass on that, and neither did [the Court].” Id. at 2-3.
Accordingly, the Court concluded that the damages issues between both cases were not identical, and declined to apply issue preclusion against Plaintiff. Id.