 cdruGo ColtsPremium,MVM join:2003-05-14 Fort Wayne, IN kudos:7 | Beat to death This has been beat to death on other forums. If you read the jury foreman's statement in a vacuum, then it does sound pretty damning that the jury didn't do their job. If you read it though in it's entire context, then it's not as bad. With regards specifically to ignoring prior art, they skipped that part of the decision making and went on to the other several hundred points that they had to decide, then coming back to it. It wasn't that they completely ignored it all together in all their deliberations.
I think their comments about "sending a message" and the various inconsistencies/errors that were made on the verdict form (e.g. monetary awards for non-infringing devices) are better grounds during the appeals process, as well as just getting the patents overturned completely. |