Pre-Patent Sale Usage Key to Second Delaware Jury’s Verdict for Acceleration Bay
Last week, a Delaware jury returned a verdict against Amazon (Amazon Web Services), awarding Acceleration Bay, LLC $30.5M in damages for the infringement of two patent claims through the provision of its CloudFront (accounting for $29.5M of the total) and Virtual Private Cloud (VPC) products/services. The jury found the infringement willful as to CloudFront only, as District Judge Richard G. Andrews restricted pretrial any potential enhancement to the amount tied to that product. Boeing was the original owner of the asserted patent portfolio, entitled by the sale agreement to Acceleration Bay to 75 percent “of the proceeds from the settlements, sales, and licensing revenues that Plaintiff obtains from the patents”. The jury was asked a key question: whether Amazon proved that The Boeing Company itself, not one of its affiliates, used either accused product prior to the date of sale of the patents to the plaintiff in December 2014.
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