This post attempts to collect and present patent jury verdicts rendered in 2020. Only jury awards are included (no bench awards, arbitration awards, settlements, etc.). Figure 1: The median patent jury verdict in 2020 was $85,230,000. The low was $3,071,838 and the high was $837,801,178. Because of the COVID-19 pandemic, …
This post attempts to collect and present patent jury verdicts rendered in 2019. Only jury awards are included (no bench awards, arbitration awards, settlements, etc.). Figure 1: The median patent jury verdict in 2019 was $5,692,922. The low was $138,363, and the high was $585,000,000. There were 33 noted patent …
This post attempts to collect and present patent jury verdicts rendered in 2018. Only jury awards are included (no bench awards, arbitration awards, settlements, etc.). Figure 1: The median patent jury verdict in 2018 was $4,300,000. The low was $15,775, and the high was $538,641,656. There were 33 noted patent verdicts …
Federal Rule of Evidence 702 provides that an expert witness may testify if he or she ” is qualified as an expert by knowledge, skill, experience, training, or education.” Under Daubert v. Merrell Dow and Rule 702, courts are charged with a gatekeeping role, the objective of which is to ensure that expert testimony admitted into evidence is …
To obtain a preliminary injunction, a plaintiff must show that it is likely to succeed on the merits, that it is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of the hardships tips in its favor, and that an injunction is in the public interest. The …
Section 285 of the Patent Act provides that a district “court in exceptional cases may award reasonable attorney fees to the prevailing party.” The Supreme Court in Octane Fitness v. Icon Health laid out the standard for exceptionality: an exceptional case “is simply one that stands out from others with respect to the …
This post attempts to collect and present patent jury verdicts rendered in 2017. Only jury awards are included (no bench awards, arbitration awards, settlements, or the like). Figure 1: The median patent jury verdict in 2017 was $5,845,578. The low was $123,650, and the high was $235,510,000. There were noted …
This post attempts to collect and present patent jury verdicts from the years 2015 and 2016. Only jury awards are included (no bench awards, arbitration awards, settlements, or the like). Figure 1: The median jury verdict dropped from around $12.3M in 2015 to around $7.1M in 2016. There were 35 jury …
This post attempts to collect and present patent jury verdicts of 2016. The relevant time period is January 1, 2016 to December 31, 2016. The appendix below contains all cases used arranged by district. Figure 1. The lowest jury award of 2016 was $50,000. The median was $7,185,190. …
After finding willful infringement, a court may enhance damages under 35 U.S.C. § 284. From 2007-16, In Re Seagate was the law for finding willfulness. Willfulness under Seagate first required the patentee showing that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent. After this showing of objective recklessness, the …