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Nintendo verdict motion for remittitur filed

By Michael Smith

In a motion filed today, defendant asked for a remittitur, stating that

"[t]he only evidence in this case concerning the amount of a reasonable royalty was that offered by Anascape?s damages expert, Walter Bratic, who opined that a reasonable royalty would be 5% on sales of allegedly infringing controllers. No record evidence supporting a royalty rate higher than 5% was introduced by Anascape and no royalty base other than that provided by Mr. Bratic was submitted to the jury. Once the jury determined that the only infringing controllers were the Wii Classic and the older generation GameCube and Wavebird wireless controllers, under the time-honored maximum recovery rule, the highest damages supported by the record was an award of 5% on the sales of the controllers found by the jury to infringe."

That would result in a $2.79 million award, not the $21 million the jury found.  Stay tuned for further developments.

Full post as published by Eastern District of Texas Federal Court Practice on May 22, 2008 (boomark / email).