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Touchstream Sues VIZIO as Court Mulls Whether $340M Might Simply Be “The Number That [the Jury] Came Up with So That the Seven People Could All Get out of the Jury Box”

October 27, 2024

Last month, Touchstream Technologies, Inc. filed its first 2024 complaint, against Yamaha in the Eastern District of Texas; now, the plaintiff has hit VIZIO (8:24-cv-02328). Two patents (one familiar to the campaign, one new) generally related to triggering the remote playback of content are asserted, with infringement allegations focused on the provision of VIZIO’s WatchFree+ app “and associated SmartCast compatible devices, such as TVs, speakers, and sound bars”. Elsewhere in this campaign, Western District of Texas Judge Alan D. Albright, while having denied other posttrial motions in a Touchstream case against Alphabet (Google), which produced a $340M jury verdict (and judgment) for the plaintiff, has yet to resolve a posttrial dispute over whether that award should be considered a one-time lump sum (Google’s position) or merely a royalty for an articulated period of past infringement (Touchstream’s). The court indicated in mid-January 2024 that it would “get an order out . . . pretty quickly”.


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