Tuesday, January 30, 2024

Jury Awards $67.5 Million in G+ v. Samsung Case

I have blogged twice recently about interim decisions in this case (see here and here).  This past Friday, the jury returned a verdict of $67.5 million for the patentee, G+.  There were three patents, and four claims altogether, in suit.  According to the verdict form, the jury found claim 10 of U.S. Patent No. 10,564,443 to be patent-ineligible.  For the two remaining patents in suit, the jury awarded $45,000,000 for the infringement of U.S. Patent No. 8,761,776, and half that much or $22,500,000, for U.S. Patent No. 10,736,130.  (Without delving into the record, I would guess that the awards for these two patents, both essential to 5G technology, reflects the more recent date of issue of the latter of the two.)  Both awards are said to be running royalties, so barring a settlement I would expect a hearing to set the amount of any ongoing royalty that may still be due.  The jury also concluded that neither party breached its FRAND obligation to act in good faith, so there are no further damages under that heading.  According to Law360, G+ withdrew its claim for willful infringement following the court’s decision earlier this month that Samsung could argue it was unaware that G+’s predecessor in interest, ZTE Corp., had not already licensed Samsung the patents in suit. 

The verdict form is available here.

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