Federal Judiciary

Another patent verdict in Lufkin

By Michael Smith

Another patent case was decided by an Eastern District jury last week.  A day after the Pioneer v. Samsung verdict in Marshall, a Lufkin jury in Judge Ron Clark's court returned a verdict for the plaintiff in Ariba v. Emptoris, 9:07cv0090-RHC.  The jury found infringement, but split on willfulness, finding one claim not, and one or the other claims yes (that's what it says, honest).  No on invalidity, and no on a question whether the plaintiff unreasonably delayed in filing suit.  Damages were $1.45 million for the first patent, $600,000 in past royalties, and an ongoing royalty of 1.5% of gross sales. Yes on a question that asked if the plaintiff properly marked.  Damages on the second patent were $2.27 million, $600,000 in past royalties and the same 1.5% ongoing royalty, plus yes on marked.
Presumably the court will take us posttrial motions in the next two to three weeks.

Full post as published by Eastern District of Texas Federal Court Practice on November 05, 2008 (boomark / email).