There may be an undercurrent in patent legislation nowadays that litigation favors the defendant. Relatively than contending infringement of some claims of 1 patent, plaintiffs are actually suggested to claim a number of claims throughout a number of patents. After 35 U.S.C. § 101 challenges, IPR filings, and abstract judgment motions, plaintiffs are fortunate if they’re left with a number of claims of 1 patent to deliver to trial. Analogies have been made that patent portfolios are like Swiss cheese.
However on occasion, a patentee wins massive, giving the viability of patent assertion campaigns a much-needed shot within the arm.
To that time, patent holder VLSI has received a whopping $2.175 billion jury verdict within the Western District of Texas. VLSI is the proprietor of U.S. Patent Nos. 7,523,373 and seven,725,759. Declare 1 of the ‘373 patent entails figuring out the minimal working voltage of a reminiscence and storing this worth in non-volatile reminiscence. Two voltage sources are offered, and the second is chosen to function the reminiscence if the primary is under the minimal worth. Declare 14 of the ‘759 patent entails a programmable clock controller that may obtain a request from a primary system coupled to a variable clock frequency bus. The controller then adjustments the frequency of a high-speed clock that’s used to regulate the clock frequency of a second system coupled to the bus in addition to the bus itself. Each patents purport to cut back the facility consumption of chips.
The jury discovered that Intel actually infringed claims 1, 5, 6, 9, and 11 of the ‘373 patent, and infringed claims 14, 17, 18, and 24 of the ‘759 patent underneath the doctrine of equivalents. The jury additionally discovered that this infringement was not willful and that Intel had failed to determine anticipation of ‘759 patent (the validity of the ‘373 patent was apparently not at subject).
All mentioned, the jury discovered Intel on the hook for $1.5 billion as a result of its infringement of the ‘373 patent and $675 million for its infringement of the ‘759 patent. The primary justification for damages of this magnitude is that Intel has bought billions of gadgets infringing the patents.
VLSI is a non-practicing entity, which Intel tried to make use of in opposition to it at trial. These efforts fell on deaf ears, however together with the 10-figure sum is more likely to drive the continuing “patent troll” narrative.
That is the second largest patent infringement verdict ever, and it is going to be the biggest if it holds. A $2.5 billion award to Idenix Prescribed drugs in 2016 was overturned on invalidity grounds. Right here, an Intel enchantment is inevitable, so VLSI is not going to be counting its cash any time quickly.