Another patent case was decided by an Eastern District jury last week. A day after the Pioneer v. Samsung verdict in Marshall, a Lufkin jury in Judge Ron Clark's court returned a verdict for the plaintiff in Ariba v. Emptoris, 9:07cv0090-RHC. The jury found infringement, but split on willfulness, finding one claim not, and one or the other claims yes (that's what it says, honest). No on invalidity, and no on a question whether the plaintiff unreasonably delayed in filing suit. Damages were $1.45 million for the first patent, $600,000 in past royalties, and an ongoing royalty of 1.5% of gross sales. Yes on a question that asked if the plaintiff properly marked. Damages on the second patent were $2.27 million, $600,000 in past royalties and the same 1.5% ongoing royalty, plus yes on marked.
Presumably the court will take us posttrial motions in the next two to three weeks.