Federal Judiciary

Patent verdict in Golden Hour v. emsCharts case

By Michael Smith

Who says juries don't work hard?  It wasn't until after sending out seven notes that the jury in the Golden Hour Data Systems, Inc. v. emsCharts, Inc., 2:06cv381 case pending in Judge Ward's court in Marshall returned a verdict.  The Marshall jury found that the defendant emsCharts directly infringed all four claims, and that two defendants jointly infringed another twelve.  It further found that emsCharts induced infringement of sixteen claims, and that the defendants had failed to show by clear and convincing evidence that the claims were invalid as anticipated.  The jury found that emsCharts' infringement was willful and assessed damages of $0 (zero) damages for pirce erosion, and $3.5 million for a reasonable royalty.  I do not know what damages the plaintiff was seeking.

Full post as published by Eastern District of Texas Federal Court Practice on December 01, 2008 (boomark / email).