Tuesday, April 7, 2015

New Damages Trial on $131 Million Verdict Required by Post-Trial Finding of Indefiniteness as to Three of Four Asserted Claims

The court granted defendant's motion for a new trial as to damages only after the court found that certain claims of plaintiff's cochlea stimulation patents were invalid as indefinite. "[T]he jury awarded [plaintiff] damages in the [amount of ] $131,216,325.00 for [defendant's] infringement of [two claims of two patents]. However, the court, based on the testimony and evidence presented during both the jury and bench trial, found [one claim of the first patent] and [both claims of the second patent] to be invalid on indefiniteness grounds. . . . [T]he damages awarded by the jury were not broken down as to each claim or patent. Therefore . . . the court believes that it must grant the motion for new trial so as to allow a damages trial with respect to [the remaining claim]."

Alfred E. Mann Foundation for Scientific Research v. Cochlear Corporation, et al, 2-07-cv-08108 (CACD March 31, 2015, Order) (Olguin, J.)

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