Thermapure v. Water Out Drying. Corp., 2:06cv453 (E.D. Tex. Nov. 13, 2009)
Judge: Chad Everingham
Holding: Motion for New Trial GRANTED in part
As readers will know, this case is the asterisk in this year's trial statistics. Judge Everingham tried this case with a Marshall jury in March, and on March 20, 2009, the jury returned a partial verdict, finding that defendant Water Out induced infringement of claim 6 of the ’812 patent and that the ’812 patent was not invalid. But the jury failed to reach a verdict on the issue of damages.
Plaintiff Thermapure asked that the court render partial judgment on infringement and validity, issue a permanent injunction on the jury’s infringement finding, and limit any new trial to the issue of damages. Defendant Water Out argued that the court should order a new trial on all issues, including infringement, validity, and damages, and that Thermapure was not entitled to a permanent injunction.
Judge Everingham reviewed the law on what you do after partially hung juries in patent cases, and concluded that the plaintiff was entitled to partial judgment of infringement, and validity. Accordingly, he limited the grant of new trial to damages only, starting with jury selection on March 1, 2010. He carried the request for injunction with the case.
