Virginia IP Law > Troutman Sanders LLP

FiOS verdict

Late yesterday, a jury awarded ActiveVideo $115 million from Verizon, concluding the trial phase of the heated patent litigation.

The Virginian Pilot reports on the verdict, and here is the verdict form.  Our prior blog entries on this case (E.D. Va. no. 2:10-cv-00248) are here and here

It could have been worse — ActiveVideo sought $228 million — and no doubt the $16,000 counterclaim award in Verizon’s favor also makes them feel much better.

At trial, Judge Jackson declined to revisit earlier rulings and denied a motion to defer the judgment for 30 days.  He also entered orders denying three of Verizon’s motions for judgment as a matter of law — on laches (concluding no undue delay by ActiveVideo or prejudice to Verizon), no direct infringement (concluding that the battle of experts over an interface should go to the jury), and willfulness (again concluding that ActiveVideo had done enough to get to the jury).  The jury did not find willfulness, however.

No doubt the parties will add to the virtual mountain of electrons and already reference book length docket with post-trial motions and appeal proceedings.  Stay tuned.

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