East Texas Jury Awards $533 Million In Damages In Apple iTunes Patent Suit

The mega–verdict is back. Patent–assertion entity Smartflash LLC has been awarded $533 million in damages by an east Texas jury in a lawsuit it filed against Apple accusing iTunes of infringing three of its patents. As reported by Reuters, the jury deliberated for eight hours before imposing the half–billion dollar verdict against Apple for willful...

Justice for Sale? Forum Selling In Patent Litigation

A hat tip to Written Description for nicely summarizing two recent articles on “forum selling” i.e., courts consciously encouraging litigants to file cases in their district. “Forum selling” is the counterpart to “forum shopping,” the practice of plaintiffs filing suit in jurisdictions they deem more favorable to their claims. Of particular interest is the commentary...

Hidden Litigation Costs Uncovered, Recovered

Tucked away in 28 U.S.C. § 1920 is a provision allowing the prevailing party to be awarded litigation costs including “[f]ees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case.” Making copies has traditionally meant just that – the costs of photocopying. But,...