Originally published by Michael C. Smith.
On Wednesday of this week, a Tyler jury in Judge Robert W. Schroeder III’s court rendered a verdict in the NobelBiz, Inc. v. Global Connect, LLC litigation.
There were two asserted patents against two defendants, and the jury found three claims literally infringed against Global Connect, the remaining seven infringed under the doctrine of equivalents, and all ten claims indirectly infringed, and willfully infringed. As to defendant TCN the jury found six claims literally infringed, the remaining four infringed under the doctrine of equivalents, and likewise all ten claims indirectly infringed, and willfully infringed. It further found that the defendants had not proven by clear and convincing evidence that any of the 13 claims identified were invalid.
With respect to damages, the jury initially assessed $169,024.03 as to each of the two patents against both defendants, but then scratched through the number for Global Connect, and replaced the number with $566,395.08 for the two patents asserted to have been infringed by Global Connect. It kept the $169,024.03 as to each of the two patents alleged infringed by defendant TCN.
Now before anybody gets carried away, let’s remember Mirror Worlds and wait for the ruling on motions for judgment as a matter of law and the final judgment. In that case, many made the mistake of assuming that the numbers awarded for each patent were cumulative – so applying the same logic this would be a $1.6 million verdict. No, no, no, no.
In many cases, courts submit separate damages questions for each patent so that if the verdict as to some of the patents is set aside, the jury has still provided a number for the remaining patent standing alone, thus avoiding the need for a retrial on damages. That numbers are identical across patents is a strong indication that the damages numbers were the same – just the basis for infringement would change. So until the judgment is entered, we won’t know if this is a $169,000 judgment as to TCN and a $566,000 judgment as to Global Tech, twice each of these numbers, a take nothing judgment, or something else. And that’s before taking into account any enhanced damages due to the willful infringement finding.
But at present, my guess would be a combined $735,000, subject to any enhancement. Will be interesting to see how all this shakes out.
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
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