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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