Court Vacates Walsh Client’s $45 Million Patent Infringement Verdict

September 26, 2019 in Firm News

The Hon. Stanley R. Chesler, U.S.D.J., vacated a $45 million patent verdict against LG Electronics Inc., finding the damages were calculated incorrectly. While the jury found that LG willfully infringed Mondis Technology Ltd.’s patent, Judge Chesler stated that Mondis didn’t base its royalty rate on how much of the infringing product featured the patent, so it needs to be recalculated.

Whether Mondis had waived its right to damages was also questioned, and Judge Chesler called for a briefing to see if another trial on damages is needed. Citing the Federal Circuit’s decision in Promega Corp. v. Life Techs. Corp, Judge Chesler wrote, “a patent owner may waive its right to a damages award when it deliberately abandons valid theories of recovery in a singular pursuit of an ultimately invalid damages theory.”

Walsh attorneys Liza M. Walsh and Selina M. Ellis, and co-counsel Michael J. McKeon, Christian A. Chu, and R. Andrew Schwentker of Fish & Richardson PC, represented LG.

The case is Mondis Technology Ltd. et al. v. LG Electronics Inc. et al., case number 2:15-cv-04431, in the U.S. District Court for the District of New Jersey.

For more information, please contact Selina M. Ellis at (973)757-1026 or [email protected].

More details on the case may be found on Law 360.


As Reported in Law360