Thursday, March 4, 2021

VLSI's $2 Billion Judgment Against Intel

Readers probably have already heard about the $2.18 billion judgment a jury rendered earlier this week in a patent infringement suit brought by VLSI Technology against Intel in the U.S. District Court for the Western District of Texas.  I don't really have much to add, beyond the commentary available on Patently-O, FOSS Patents, Law360, and Bloomberg Law--except to note that, as the Bloomberg piece states, to date no billion-dollar patent infringement verdict has withstood further review; and for that matter, not many nine-digit awards have either, as far as I recall.  This case might provide a vehicle, however, for judicial evaluation of the use of regression analysis to calculate damages, which would be interesting.  We're beginning to see more uses of nontraditional tools for estimating patent damages, including citation counts, conjoint analysis, "die area analysis," and so on, so perhaps some guidance from the appellate court would be helpful.   

Update (3-5-2021):  There is some additional coverage today on IP Watchdog and Law360.

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