“The iPhone maker has already gotten two big patent verdicts that it lost in the same Texas district tossed, and has pledged to fight the Feb. 24 jury decision. The company plans to appeal through a separate court in Washington where judges have sought to rein in the ability of patent holders to extract high royalty payments from companies,” Decker and Robertson report. “‘This award won’t hold up,’ said Michael Carrier, a law professor at Rutgers University in Camden, New Jersey. ‘If there’s a large verdict in the district court, by the time it makes it through the appeals process, that verdict is slashed dramatically or overturned.'”
“The U.S. Court of Appeals for the Federal Circuit in Washington, which specializes in patent law, has limited the ability to make such arguments when it involves features of a complex device. That was the reason it overturned a $368.2 million damage award won by VirnetX Holding Corp. in Texas over security features,” Decker and Robertson report. “A $625.5 million verdict in 2011 over a way to display documents was thrown out by the trial judge in Texas, after finding the jury got it wrong.”
Read more in the full article here.
MacDailyNews Take: As we wrote yesterday:
Once a real court gets it, this rocket docket jury’s mistake will be overturned on appeal.
Rocket docket jury orders Apple ordered to pay $532.9 million in patent trial; Apple to appeal – February 25, 2015