A Marshall jury in Judge Michael Schneider's court in Marshall (sitting in the old courthouse) rendered a verdict for the plaintiff today in Alexsam v. Best Buy, et al., finding that the twelve claims asserted in the related infringement actions were not shown by clear and convincing evidence to be invalid as anticipated by two prior art references, or for improper inventorship. The case is set for an imequitable conduct bench trial before Judge Schneider later this month, followed by the first of the multiple infringement trials against the defendants.
This is the second invaldity-only case of the year. In the prior one, Oasis v. Carbonite/EMC, a Sherman jury in Judge Mazzant's court found the asserted claims invalid for improper inventorship. In the other four trials this year, the plaintiff won infringement and defeated invalidity in one (Patent Harbor v. Funai), the defendant won a noninfringement verdict but did not win on invalidity in another (VirnetX v. Cisco), and in the remaining two (Hitachi v. Top Victory; Realtime v. T-Mobile) the defendants won both noninfringement and invalidity. At least those are the verdicts I am aware of - if I have missed any readers please let me know.
So the win rate thus far this year for plaintiffs is 1-1 on invalidity-only cases, and 1-4 in infringement and invalidity cases.
Shades of 2007...