Express Mobile Wins $40M Verdict Against Shopify
- September 4, 2022
Category: Patent Litigation Feature, TPLFMarket Sector: E-Commerce and SoftwareTag: TPLF
Last week, a Delaware jury returned a $40M verdict against Shopify in favor of Express Mobile, Inc. (XMO). Shopify filed the case in March 2019, seeking declaratory judgments of noninfringement of four patents (a fifth patent later added by amended pleading). In September 2021, District Judge Richard G. Andrews granted Shopify summary judgment of noninfringement of two of those patents (termed the “Web Design” patents), while claims related to the remaining three (the “Web Component” patents) proceeded to trial. This trial likely garnered significant interest from the other defendants still in this campaign, begun in 2015, and from past XMO employees and lawyers who, according to emails discovered in the case, considered selling XMO itself for $15M prior to the start of the campaign—as well as from XMO’s funder.