Avid v. Datamars - Inequitable Conduct Finding (update)

Avid v. Datamars, 2:04cv183 (E.D. Tex. Sept. 28, 2007)
Judge: T. John Ward
Holding: Patent Unenforceable  Due to Inequitable Conduct
Yesterday I noted that Judge Ward had just held that one of the three patents asserted at suit was unenforceable due to inequitable conduct.  As readers may recall, the verdict was only $26,000 for patent infringement and $6 million for the unfair competiton). 
I went back through the verdict form Download 372_avid_v_datamars_verdict_form.pdf this morning and  noticed that neither the willfulness determination nor the damages were broken down by patent in the it, so it will be interesting to see what effect the finding that one of the three patents  is unenforceable will do to these findings.  I wouldn't presume to speculate, but when Judge Ward has set aside a portion of a jury verdict previously because the patent was invalid or not infringed for some reason - and the damages were not broken down by patent - he ordered the case retried.  Given that the lion's share (as well as that of the zebra, giraffe, penguin and two goats that were wandering through the gallery when the verdict was announced) in this case was for unfair competition, not patent infringement, as noted above, it'll be interesting to see what happens.  To say nothing of the effect this might have on the unfair competition claim.