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Federal Judiciary

: Eastern District of Texas Federal Court Practice

Tyler jury awards $23 million in Fractus case

By Michael C. Smith

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What with the whole practicing law thing I don't have details yet, but the street gossip is that yesterday the Tyler jury in Judge Leonard Davis' court (being presided over by Judge Love during deliberations) in everybody's favorite case to hate - the magical expanding, contracting, settling, bifurcated, un-bifurcated, severed, consolidated, sorta severed again, definitely consolidated, jury pool-swallowing all around bad guest on the May Tyler docket Fractus v. Samsung, et al case found willful infringement and assessed $23 million in damages. I believe there were two defendants left at trial, and I don't have the damages split yet. Invalidity was asserted, I expect, and I am assuming the jury came back nt as well, and I believe it was under the newly fashionable preponderance standard (I think it's pronounced French).

This is the only case I'm aware of where one of the lawyers on the trial team actually bore a child during the trial and had the poor manners not to advise her cocounsel until the night before that she was taking the day off. I mean you get that much notice about exhibits. At least she was back at work yesterday, sitting in on meet and confers with me, and volunteering 3 am and 5 am slots if we needed to resume because, hey, she'll be up. (Congratulations Melissa!)

The best thing you could say about this case is that it's over. The second best thing you could say is that it isn't Bedrock, which had two trials essentially back to back, followed by this one. It's been a rough few weeks over in Judge Davis' chambers from the looks of things.

Full post as published by Eastern District of Texas Federal Court Practice on May 24, 2011 (boomark / email).