Federal Judiciary

DataTreasury trial concludes

By Michael C. Smith

The long-awaited DataTreasury trial before Judge David Folsom in Marshall concluded yesterday.  The jury found infringement and willful infringement as to some claims, as well as that the invalidity defenses had not been proven by clear and convincing evidence.  Plaintiff asked the jury for $201 million, but the jury awarded about a ninth of that - $27 million.

I have not yet posted on them, but there was a blizzard of rulings by Judges Folsom and Everingham before and during the trial re: the admissibility of settlement licenses based in part on the recent Federal Circuit caselaw on that point, as well as a denial by the FC of a petition for mandamus on the court's order on that point.  There was a limiting instruction that they could not be considered for infringement, but that they could be considered for willfulness, obviousness, or royalty damages.  There were at least a couple of dozen, so it will be intereting to see which were in and which and which with what instruction.

Full post as published by Eastern District of Texas Federal Court Practice on March 27, 2010 (boomark / email).