Thursday, June 8, 2017

Judge Conley Denies Apple's Motion to Overturn $234 Million Verdict

The case is Wisconsin Alumni Research Foundation v. Apple Inc., and the opinion dated June 6, 2017, is here.  (I reported on the jury verdict in this case back in October 2015, here.)  I haven't had a chance to read it very carefully yet, but the judge denies Apple's motion to overturn the verdict; denies WARF's motion for enhanced damages; denies WARF's motion for an injunction and instead awards an ongoing royalty at a rate of $2.74 per unit; awards prejudgment interest at the prime rate and postjudgment interest at the statutory rate, both compounded; and awards costs of $841,000.  (For non-U.S. readers, "costs" does not mean attorneys' fees under U.S. law, but rather items such as filing fees, transcripts, and copying.  To be honest, I wasn't aware that awardable costs could be that high, but then this was a complex case.)  At page 17, the judge denies Apple's motion to reverse his decision allowing WARF's expert to testify that WARF would have agreed to a 50/50 split of the incremental profit Apple realized from its use of the patent in suit.  Again, hat tip to IAM Magazine, which retweeted Tom Hochstetter's tweet about this story by Ed Treleven on IPWire.com

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