Posts Tagged ‘Obvious’

Samsung Says Jury Was Right To Invalidate Imaging Patent

October 21st, 2016 Alexander No comments

Samsung Electronics Co. Ltd. recently argued that intellectual property firm, IP Holdings Ltd., failed to offer relevant expert testimony at trial to prove the patent was not invalid as obvious.

In its brief, Samsung fought Imperium IP Holdings Ltd.’s contention that the patent for an imaging device was not obvious and that jurors should not have found it invalid. That same jury, however, determined that Samsung had infringed two of Imperium’s other imaging patents.  As a result, Samsung has been hit with a nearly $21 million verdict.

U.S. District Judge Amos L. Mazzant III concluded that Samsung’s violation of certain claims in two Imperium patents was deliberate and that the jury’s damages was justified by the fact that Samsung knew of the patents but did not avoid infringement and made multiple misrepresentations under oath.

Judge Mazzant noted that one Samsung expert familiar with its tracking of Imperium’s patent portfolio testified that the smartphone giant did not perform an analysis of Imperium’s patents within the last 5 years and did not monitor Imperium’s previous litigation involving the patents-in-suit.

But this testimony was shown to be demonstratively false by evidence showing that Samsung did track and indeed even attempted to obtain Imperium’s patents for years before the patent holder’s lawsuit.

Samsung also failed to offer any evidence at trial that it had independently developed and/or acquired the camera technologies at issue in this case, and failed to produce other relevant documents as well, which should have been turned over during discovery.

Accordingly, Judge Mazzant wrote, “The court enhances damages to the maximum extent allowable under Section 284 given the totality of the circumstances.”

“Aside from suggesting that such evidence existed in the prior art, Samsung merely offered generalized ‘reasons’ to solve the alleged issues of size, cost, performance, and versatility associated with interfaces and image sensors,” Imperium argued. “These reasons would not have motivated a person of ordinary skill in the art to arrive at the invention claimed in the ’290 patent.”

For more information, see Law360.