$625 Million Verdict Against Apple Set Aside Because Sale of Accused Computer Software Does Not Establish Direct Infringement of Method Claims

The court set aside the jury's finding of infringement and $625 million damages award because plaintiff failed to prove infringement of its asserted method claims by the sale of computers containing software capable of performing the steps of the patented method. "Mirror Worlds' reliance on Apple’s sales of computers that contain the accused Mac OS X 10.4-6 software does not prove direct infringement. The law is clear that the sale or offer for sale is insufficient to prove direct infringement of a method claim. Mirror Worlds attempts to skirt this precedent by alleging that Apple specifically offered the accused methods for sale—citing Apple’s marketing materials and user manuals, which highlight some of the steps required by the method claims. However marketed, Apple’s computer sales containing the accused Mac OS X software do not constitute direct infringement of the method claims without the requisite evidence showing Apple actually performed the claimed steps."

Mirror Worlds, LLC v. Apple, Inc., 6-08-cv-00088 (TXED April 4, 2011, Order) (Davis, J.).