$26.4 Million Jury Verdict in Cosmetics Patent Case
A Delaware jury has awarded $26.4 million to a competitor of Mary Kay Cosmetics in a patent case involving three skin care patents. What's interesting about this case -- aside from the $26.4 million damages award -- is that it shows the extent of monetary damages that can arise from even such mundane products as cosmetics. Not every case involves cutting edge computer or pharmaceutical inventions. Second, the case was tried in just five days. My own experience is that juries often lose interest and start to get bored after 3 or 4 days. I've always been a proponent of fast paced, focused trials. This decision, I think, bears that out.
Microsoft Dodges Half-Billion Dollar Bullet -- For Now.
Well, the long-awaited decision in Eolas Technologies, Inc., et al. v. Microsoft Corp. was handed down by the Federal Circuit today. The good news for Microsoft is that the case is remanded for further consideration of its invalidity and inequitable conduct defenses. The half-billion dollar jury award against MS thus goes away, for now. The bad news is that the Federal Circuit upheld the lower court's claim construction and ruled MS waived certain issues on appeal. If they can't make the invalidity and/or inequitable conduct defenses stick, they may wind up right back where they started.
I haven't reviewed the decision fully, but it looks to be a bit of a draw. The parties would be wise to discuss settlement. More later.
