Thursday, April 22, 2021

Intel doesn't infringe VLSI patents-in-suit: jury verdict in second VLSI v. Intel case (Western District of Texas)

Reuters reports--as do other media--that a jury in Waco (Western District of Texas) has found for Intel. According to the verdict, which I haven't found on the electronic docket yet, the semiconductor company infringes neither of the two patents asserted by VLSI Technology, a non-practicing entity funded by Fortress Investment.

In early March, Intel had lost a trial over two other VLSI patents, and the damages award amounted to $2.175 billion.

There'll be a third VLSI v. Intel trial in June, and should jurors or their friends or relatives inform themselves on the Internet of the wider dispute, the picture will be more favorable to Intel than last time.

This outcome is in line with my observations. I noted the burden of proof on infringement and that there were reasons that might very lead a jury to doubt the infringement allegations. I wrote: "I think Intel may avoid an infringement finding, but even if it happened, I can't imagine it would be another billion-dollar amount."

Just like Intel is appealing the March verdict, VLSI may appeal the April decision.'s Scott Graham reported on an interesting change regarding damages-related evidence. While this jury never reached the point of a damages determination, we may see somewhat more rational damages awards in Waco going forward. That's of the utmost importance not only to Intel but also to numerous other technology companies with a presence in that district.

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