Intellectual Ventures I LLC v. Symantec Corp., C.A. No. 10-1067 - LPS, March 10, 2016

Stark, C. J. Defendant’s motion for JMOL regarding infringement, invalidity and damages

A 10-day trial took place beginning January 26, 2015 resulting in a finding of infringement, no invalidity and an $8 million damages award.  Two of the three patents-in-suit were held invalid after trial due to unpatentable subject matter.  The court found substantial evidence supports the jury’s finding of infringement and no invalidity. It also upheld the damages award, which had been challenged as unsupported by the entire market value rule. Plaintiff contended that there was no evidence the accused feature was the only feature which drove sales.  The court noted that none of the numerous Federal Circuit cases cited unambiguously require that it is necessary for only one component to drive demand for the entire market value rule to apply.