Patent Law

Slow Boat Arrives

By Gary Odom and Jordan Kuhn

After seven years of pretrial jockeying, Cornell University stuck HP with a $184 million tab, capping an eight-day jury trial in North New York, CAFC Judge Randall R. Rader slumming as presiding judge. Cornell succeeded with all five claims of the asserted patent. HP failed with its invalidity, patent exhaustion, and implied license defenses.

The jury applied a royalty rate of 0.8% to a royalty base of $23 billion to derive damages. Cornell is likely to seek prejudgment interest as topping on the cake.

HP squawked displeasure, but will probably not appeal, especially considering a CAFC judge presided.

Earlier coverage in The Patent Prospector.

Full post as published by The Patent Prospector on June 03, 2008 (boomark / email).