After a bare hour of deliberations, a Marshall jury in Judge Schneider's court returned a verdict of noninfringement in Alexsam v. The Gap this morning. As readers may recall, another Marshall jury rendered a noninfringement verdict against Alexsam and in favor of Barnes & Noble earlier this month, after a little over five hours of deliberations.
Once again, I am very happy to congratulate my cocounsel at Fisch Hoffman Sigler for their win - this is their third noninfringement verdict against Alexsam in Marshall (we also had a noninfringement verdict on behalf of Pier 1 in October 2011, so apparently working out of the Hub has been good luck for them). Next up is JC Penney, set for trial in mid-October. The other three defendants that Alexsam has asserted infringement claims against have not yet been set for trial.
Once again, Alexsam won the invalidity trial and the inequitable conduct bench trial in May, and the laches claims will be handled on the briefing, so this is three jury trials and one bench trial down for the 2013 round of trials. Four more jury trials still to go.