Embattled Damages Theory Lands Acceleration Bay a Jury Verdict in Delaware

May 12, 2024

A Delaware jury has returned a verdict in favor of Acceleration Bay, LLC and against Activision Blizzard, which Microsoft acquired last October. The jury awarded the plaintiff $23.4M in combined damages, $18M for infringement through provision of the defendant’s World of Warcraft video game; and $5.4M, through its Call of Duty. Two claims, one from each of two patents (surviving from an original complaint in which six patents were asserted), were tried to the jury in a case with a long, complicated history involving, among other things, multiple claim construction disputes over what it means for a gaming network to be “m-regular” and “complete” and a “just the facts” damages theory that apparently limped across the finish line.

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