Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
IP News
Washington Judge Awards Syntrix $115 Million
Judge Benjamin H. Settle in Seattle increased a jury award of $95 million to include prejudgment interest of $7 million, supplemental damages in the amount of $12 million, and an ongoing royalty rate of 8% per infringing sale. The case, Syntrix Biosystems, Inc. v. Illumina, Inc., No. 10-5870 (W.D. Wa), involves technology directed towards miniaturized ligand-arrays, which are used to perform genetic testing.
After a jury trial, Illumina was found to infringe several claims of Syntrix's patent directed towards increasing the density of these arrays. D.I. 285. The jury also found that Syntrix was entitled to a reasonable royalty of 6% for past infringement. Id. For continuing infringement, Syntrix sought an ongoing royalty rather than an injunction, and requested a 9% royalty rate instead of the 6% rate the jury found for past infringement. Judge Settle noted that the jury returned a complete verdict for Syntrix in only two and a half hours, and “based on this decisiveness and the evidence offered at trial, the Court finds that Syntrix is in a stronger bargaining position than it was prior to the verdict.” D.I. 355 at 4. Judge Settle found that a 2% increase in the ongoing royalty rate adequately compensated Syntrix for this stronger bargaining position. Id.
Howard J. Shire is a partner in the New York office of Kenyon & Kenyon LLP and the Editor-in-Chief of this newsletter. Joseph Mercadante is an associate at Kenyon & Kenyon.
Washington Judge Awards Syntrix $115 Million
Judge Benjamin H. Settle in Seattle increased a jury award of $95 million to include prejudgment interest of $7 million, supplemental damages in the amount of $12 million, and an ongoing royalty rate of 8% per infringing sale. The case, Syntrix Biosystems, Inc. v. Illumina, Inc., No. 10-5870 (W.D. Wa), involves technology directed towards miniaturized ligand-arrays, which are used to perform genetic testing.
After a jury trial, Illumina was found to infringe several claims of Syntrix's patent directed towards increasing the density of these arrays. D.I. 285. The jury also found that Syntrix was entitled to a reasonable royalty of 6% for past infringement. Id. For continuing infringement, Syntrix sought an ongoing royalty rather than an injunction, and requested a 9% royalty rate instead of the 6% rate the jury found for past infringement. Judge Settle noted that the jury returned a complete verdict for Syntrix in only two and a half hours, and “based on this decisiveness and the evidence offered at trial, the Court finds that Syntrix is in a stronger bargaining position than it was prior to the verdict.” D.I. 355 at 4. Judge Settle found that a 2% increase in the ongoing royalty rate adequately compensated Syntrix for this stronger bargaining position. Id.
Howard J. Shire is a partner in the
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.