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Plaintiff on Liability; Defense on Damages - Commil v. Cisco

By Michael C. Smith

Yesterday a Marshall jury in Judge Everingham's court rendered a verdict finding Cisco liable for direct infringement of the three asserted claims of the patent in suit, but that it had not induced infringement.  The jury also found that Cisco had not proven the patent invalid by clear and convincing evidence as not enabled or for failure to satisfy the written description requirement.  Damages were asessed at $3,726,207. 

The plaintiff had been seeking $56 million in damages, and the defendant had argued to the jury that if infringement was found, damages should be in the $3-5 million range, a number one of the plaintiff's lawyers told the local paper was "substantial, but not reasonable."  (Nobody asked the defense team, but I suspect they would have reversed the adjectives).

And the story in the Marshall paper today actually ran above the story "Marshall is proclaimed 'birthplace' of boogie woogie." 

Full post as published by Eastern District of Texas Federal Court Practice on May 18, 2010 (boomark / email).