Texas Jury Awards Fractus $23 Million against Samsung; Reexaminations of Patents Continue.

Scott Daniels | May 25, 2011

On Monday a jury in the Eastern District of Texas returned a verdict in Fractus v. Samsung finding that Samsung’s cellular telephones infringed four Fractus patents, that the infringement was willful, and that the all four patents were valid over the prior art.  The damages award was $23,129,321, a sum that Judge Leonard Davis might increase in view of the jury’s willfulness finding.  A detail that must annoy Samsung is that the jury deliberated for only two hours.

But that is not the whole story.  As we reported in April, each of Samsung, Kyocera and HTC (Fractus having also sued the latter two for infringement) is pursing inter partes reexaminations against the Fractus patents.  Attached is a chart showing the current status of the 12 reexaminations.  Each of the claims of the four Fractus patents-in-suit has been rejected.  Although the rejections are non-final, and Fractus has ample opportunity to overcome them, they appear, at least to this outsider, to be rather strong.  Plus, the PTO is advancing the reexaminations expeditiously, so that some of the Fractus claims might soon be facing final rejections.

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