Monday, December 7, 2009

Apple Overturns Willfulness Verdict in Post-Trial Motions

Defendant's motion for judgment as a matter of law regarding willful infringement related to a $19 million verdict was granted despite the jury's finding that defendant's infringement was willful. "Although [defendant's] invalidity and noninfringement arguments were unsuccessful, these defenses were strong enough to preclude a finding of objective recklessness. . . . [Defendant] presented a good faith argument that the [patent-in-suit] was invalid as anticipated. . . . Although the jury rejected this defense, the issue was, viewed objectively, sufficiently close to preclude a finding of willful infringement."

OPTi, Inc. v. Apple, Inc.,
(TXED December 3, 2009, Memorandum Opinion & Order) (Everingham, M.J.)

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