Verdict Form Containing Conflicting Entries Warrants New Damages Trial

The court granted defendants' motion for a new trial on damages and vacated the jury's award which contained conflicting entries for lost profits ($49.3 million), reasonable royalty damages ($1.9 million), and total damages ($1.9 million). "Although [plaintiff] produced sufficient evidence such that [defendant] is not entitled to JMOL on the lost profits issue, the jury’s response to the verdict form raises significant questions about whether the jury in fact awarded Brocade lost profits damages. . . . [T]he court highlights that it cannot construe a theory supported by the evidence that would allow [plaintiff] to collect a lost profits award when the jury failed to address that amount in its 'Total Damages' entry. . . . Because the court can only speculate on the jury's conflicting entries, and in light of the potential for injustice and the problematic reasonable royalty evidence, a new trial on patent damages is warranted."

Brocade Communications Systems, Inc., et. al. v. A10 Networks, Inc., et. al., 5-10-cv-03428 (CAND January 18, 2013, Order) (Grewal, M.J.).