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Jury’s Invalidity Confusion Prompts New Trial, Reduced Damages, and Injunction Denial
In Case You Missed It
This past July, a Northern District of California returned a verdict awarding Impinj $17.79M in lost profits and an additional $1.36M in reasonable royalties against NXP USA. In that same verdict, however, the jury found that prior art presented at the trial failed to render an independent claim obvious but somehow nevertheless did render that claim’s dependents obvious. This inconsistency prompted Impinj to file an unusual motion, which District Court Yvonne Gonzalez Rogers quickly denied: “the Court will not reconvene the jury”. Now, the court has granted a motion for a new trial on the limited issue of invalidity of these claims, guaranteeing that it will have to convene a new jury and indicating that it “does not do this lightly, as it has never granted such a request”. The ruling has also prompted the court to order the parties to rework the damages award and undermined Impinj’s motion for a permanent injunction, which the court seems otherwise inclined to have granted.
October 8, 2023
Multiple Verdicts Returned in Extensive Semiconductor Throwdown
Patent Litigation Feature
Impinj and NXP Semiconductors have been locked in multifront patent litigation since Impinj filed a June 2019 case in the Northern District of California alleging that NXP USA infringes patents generally related to RAIN RFID technology. In mid-July 2023, a jury returned a verdict in that case, awarding Impinj $17.79M in lost profits and an additional $1.36M in reasonable royalties, with Impinj subsequently moving both to reconvene the jury to address an apparent inconsistency in the verdict and to impose a permanent injunction against NXP’s infringing sales. This past week, Impinj filed a new complaint, this one in the Western District of Texas against NXP Semiconductors Netherlands (6:23-cv-00586), pleading that once District Judge Yvonne Gonzalez Rogers enters judgment in its favor, that judgment will bind the defendant as to additional sales that the court kept out of the Northern California suit. Meanwhile, an earlier Western District of Texas case is fast approaching a late October trial before District Judge Alan D. Albright, all of this after a Western District of Washington jury returned a verdict in Impinj’s favor in a case filed by NXP back in 2019.
August 20, 2023