Federal Judiciary

Jury verdict for patent owner in Rembrandt case

By Michael Smith

The jury in Judge Everingham's court in Marshall returned a verdict in the Rembrandt v. CIBA case, 2:05cv491 this afternoon.  After sending out five notes, the jury returned a verdict for the plaintiff on infringement, but for the defendant on the issue of willfulness.  The jury also found that the defendant had failed to prove by clear and convincing evidence that the patents were invalid either for indefiniteness or because they were not enabled.  Damages were $41,083, 853. 

That's one for both sides so far this year on infringement in Eastern District of Texas patent cases.  In both cases plaintiffs failed to persuade the jury by clear and convincing evidence that infringement was willful, and defendants failed to persuade the jury by clear & convincing evidence that the patents were invalid.

Full post as published by Eastern District of Texas Federal Court Practice on February 06, 2008 (boomark / email).