You leave town for a couple of days and everybody decides to go to trial...
I already noted the defense verdict in CAC v. Microsoft last Thursday - turns out there was another jury verdict in a patent case on Thursday, this time in Power-One, Inc. v. Artesyn Technologies, Inc., tried before Magistrate Judge John D. Love in Marshall. The case was filed in Marshall and assigned to Judge Davis - the parties apparently consented to trial before Judge Love, and the case was tried starting with jury selection 11/6.
The verdict came in Thursday, and the jury found one patent infringed and one not, neither patent was proved by clear and convincing evidence to be invalid, and no finding of willfulness. No finding on damages (was not submitted) and based on the competing press releases it looks like the parties stipulated that damages were $100 in the event infringement was found (big money case, obviously). Presumably there will be some arguing over an injunction, but apparently there's no accused product out there so I'm unsure what the injunction will say. Judge Love has directed that postverdict briefing (including on the inequitable conduct allegations) be in by Dec. 7.
I redid my calculations, and that's three plaintiff and six defense outcomes in 2007 (counting TGIP s a defense win since the jury verdict was set aside), for a win rate at trial of 33% so far this year - the two year win rate remains at 50% (again, the national win rate is approximately 58% overall - 67% or thereabouts for jury trials).
