“In a decision late Friday, U.S. District Judge Robert Schroeder in Tyler, Texas said it was unfair to Apple that two VirnetX lawsuits had been combined into a single trial,” Stempel and Chung report. “He said jurors may have been confused by more than 50 references to the earlier case, though it contained “incredibly similar” issues, and deferred improperly to the prior jury’s findings when it found Apple’s liable for willful infringement. ‘The repeated references to the prior jury verdict in the consolidated case resulted in an unfair trial,’ Schroeder wrote.”
Stempel and Chung report, “He ordered that both cases be retried separately, with the first trial beginning on Sept. 26.”
Read more in the full article here.
MacDailyNews Take: As we wrote back in February, this was a “ludicrous rocket docket joke award that won’t stand up in a real court.” Looks like it was such a joke that it couldn’t even stand up in the rocket docket itself.
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