The second Tyler case, in Judge Leonard Davis' court came back today with a verdict for plaintiff i4i, Inc. against Microsoft with damages set at $200 million. Jurors found that the infringement was willful, and that the defendant had not proven invalidity by clear and convincing evidence.
Not quite as happy an ending in Tyler for the guys from Redmond as in March, when they got a
summary judgment of noninfringement from Judge Davis following jury
selection, also in Tyler.
Kind of makes a defendant wish for Marshall, doesn't it?
For those keeping score, after an initial defense run of three and a half out of the first four trie this year, this raises the score for the year to four plaintiff wins, three losses and one do-over. Half the wins are in Tyler, with one apiece in Marshall and Lufkin (later reduced). Over the last two and a half years this comes out by my calculation to 18 plaintiff and 18 defense wins. (Correction: should be 17 and 17 - I double counted the April verdicts).
