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ARTICLE · 05 APRIL 2018

Patent Damages: How Many Essential Features In A Smart Phone?

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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On March 20, 2018, the public version of Eastern District of Texas Magistrate Judge Roy Payne's March 7, 2018 order tossing a $75 million jury verdict obtained by Ericsson against TCL Communication was released.

United StatesIntellectual Property
Michael Renaud
Michael Renaud
Andrew DeVoogd
Andrew DeVoogd
Daniel Weinger
Daniel Weinger
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On March 20, 2018, the public version of Eastern District of Texas Magistrate Judge Roy Payne's March 7, 2018 order tossing a $75 million jury verdict obtained by Ericsson against TCL Communication was released.  Ericsson Inc., et al, v. TCL Communication Technology Holdings, Ltd., et al, Case No. 2:15-cv-00011-RSP, Doc. No. 460 (redacted memorandum opinion and order) (E.D. Tex. March 7, 2018) ("Order").  Judge Payne's order sheds important light on the damages analysis for infringement of patents covering features of smartphone technology and potentially provides lessons to future litigants seeking damages for smartphone innovations.

After a jury verdict finding infringement, Ericsson also won a damages verdict of $75M due to TCL's ongoing and willful infringement of U.S. Patent No. 7,149,510 ("the '510 patent").  Ericsson contended that the '510 patent covers smartphone functionality that allows a user to grant or deny access to native phone functionality to a

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