Patent Damages

Oracle seeks billions from Google in patent/copyright suit over Android software

In a case pending in the NDCA before Judge Alsup, Oracle America, Inc. v. Google, Inc., Case No. CV 10-03561 WHA, Oracle is accusing Google of infringing copyrights and patents in Google’s Android software.  Oracle’s IP claims stem from its acquisition of Sun Microsystems (now Oracle America) and IP related to Java software.


Cisco sued in separate lawsuit for damages post-verdict

Commil USA LLC has filed a second lawsuit in EDTX against Cisco concerning a wireless networking patent owned by Commil.  In a first EDTX suit between the parties, Commil obtained a $63M verdict against Cicso.  The $63M in damages covered the period up through the beginning of the trial—apparently through January 29, 2011.


Judge Davis EDTX vacates $625M verdict against Apple

On April 4, 2011, Judge Davis of the EDTX issued a 44-page JMOL opinion in Mirror Worlds, LLC v. Apple, Inc., Case NO. 6:08 CV 88, in which Judge Davis wiped-out a $625M verdict against Apple.  The Judge found no direct infringement on 2 patents and no doctrine of equivalents infringement on the 3rd.

The opinion includes a lengthy discussion of damages.  Topics addressed include:

-       Georgia Pacific analysis for reasonable royalty

-       Entire market value rule

-       Apportionment

-       Consumer surveys

-       Royalty base

-       Royalty rate


Federal Circuit overturns $1.67 billion patent verdict against Abbott Labs

The Federal Circuit wiped out the largest patent verdict in U.S. history in a case involving Abbott Lab’s Humira arthritis drug. (To see the case, click here.) A jury in the Eastern District of Texas had found Abbott infringed a patent held by Centocor Ortho Biotech, a subsidiary of Johnson & Johnson.  The Federal Circuit found the patent invalid for failure to satisfy the written description requirement, thereby eliminating the $1.67B verdict—which consisted of $1.17B in lost profits and a $504M reasonable royalty.  Another $176M in interest was later tacked on.

The huge verdict had supplanted a $1.52B verdict against Microsoft in the Lucent litigation.  Unlike the Abbott Labs case, the Microsoft verdict was overturned by the district judge (Judge Rudy Brewster of the Southern District of California) on post-trial motions.  The Federal Circuit affirmed Judge Brewster’s rulings.  Here, in contrast, the verdict was still intact when it reached the Federal Circuit, and the Federal Circuit found that trial judge erred in failing to find the patent invalid.


NDCA Jury Awards $46M For Infringement of Laser Treatment Patents

A jury in the Northern District of California awarded nearly $46M in damages to Covidien subsidiary VNUS Medical Technologies, Inc., finding Total Vein Solutions liable for $36.5M and Biolitec AG liable for $9.3M.  VNUS sued for infringement of five patents directed to methods for treating varicose veins with lasers.  The suit related to TVS’s sales of laser fibers, laser consoles, introducer kits, and procedure packs.  This lawsuit as well as other cases involving laser method patents have caused a stir among doctors, who claim that the patent assertions and infringement lawsuits have significantly increased the cost for laser and other medical treatments.