I posted last week on the three June patent verdicts out of Marshall, and wanted to follow with details on the SSL v. Citrix case, 2:08cv158, which is Judge Gilstrap's first patent trial, as well as the first trial in the 1901 Harrison County Courthouse in almost half a century.
In SSL, there were two patents asserted. The jury found one patent (the one with the lion's share of the $63 million in damages sought, I understand) not infringed, and found that only one of the three claims on a second patent was infringed. It found that all three of the second patent's claims were also contributorily and induced-edly (not a word, but it needs to be) infringed.
It found that the infringement of the second claim was willful, and recall that this was the case where Judge Gilstrap, following the new Federal Circuit caselaw in Bard, determined the objective prong of willful as a matter of law and submitted the subjective prong to the jury with the appropriate instructions for that prong.
Finally, the jury assessed damages at $10 million. For comparison purposes, the plaintiff was seeking $63 million in closing.
(Update: in the original post I said the plaintiff was seeking $100 million at trial - the actual amount was $63 million and I have revised the post the reflect the correct amount).