Thursday, August 13, 2009

Jury Argument Equating Non-Practicing Patent Owner to "Banker Seeking a Bailout" Supports Award of Enhanced Damages

In granting plaintiff's motion for enhanced damages, the court noted that "also favoring enhancement is [defense] counsel’s litigation conduct, specifically during trial. Throughout the course of trial [defendant's] trial counsel persisted in arguing that it was somehow improper for a non-practicing patent owner to sue for money damages. He further persisted in improperly trying to equate [plaintiff's] infringement case with the current national banking crisis implying that [plaintiff] was a banker seeking a 'bailout.' These improper arguments were made in spite of the Court’s warnings."

i4i Limited Partnership v. Microsoft Corp., 6-07-cv-00113
(TXED August 11, 2009, Memorandum Opinion & Order) (Davis, J.)

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