Federal Judiciary

Judge Ward grants new trial/remittitur in Laserdynamics - cuts judgment from $57.4 million to $6.2 million

By Michael C. Smith

The jury in LaserDynamics v. Asus Computer International, 2:06cv348 found for the plaintiff back on July 6 of last year in Judge Ward's court in Marshall.  Specifically, it found that the defendant contributed or induced infringement of one claim of the patent, that such infringement was willful, and that the defendant had failed to show by clear and convincing evidence that the patent was invalid as not enabled.  Damages were set at $52 million - final judgment was for $57.4 million.  Judge Ward has also ruled on the inequitable conduct claims, which were presented to him in a bench trial on August 10, and concluded that inequitable conduct (here claimed to be failure to disclose by a nonlawyer inventor) was not shown in this case. 

Yesterday, Judge Ward granted the defendant's motion for new trial or for remittitur, holding that the jury's award of $52 million was against the great weight of the evidence because there was insufficient support for the application of the ?entire market value? rule, and remitted the damage award to $6.2 million, which he held was the largest amount properly supported by the evidence. LaserDynamics has ten days from the entry of this order to notify the Court of its election in writing.

Full post as published by Eastern District of Texas Federal Court Practice on June 11, 2010 (boomark / email).