Phillip Philbin in Texas Lawyer: Double Trouble: Judge Enhances Damages in Patent Infringement Case to More Than $53 Million


In an order issued Sept. 27, Chief U.S. District Judge David Folsom of the Eastern District of Texas doubled the $26.6 million in damages that a Marshall jury awarded Plano-based DataTreasury Corp. (DTC) in a patent infringement suit. Folsom also found that U.S. Bank is the only defendant liable for the judgment.

At the conclusion of a March trial, the jury found that U.S. Bank and Viewpointe Archive Services jointly infringed on two of DTC's check imaging patents and that their infringement was willful[...]

Haynes and Boone partner Phillip Philbin of Dallas, Viewpointe's lawyer, says Viewpointe archives images, including check images, for clients.

In his Sept. 27 order, Folsom agreed with Viewpointe on the joint infringement issue, as to the Phase I trial, Philbin says. "The judge found Viewpointe was the servant and therefore the activities of U.S. Bank could not be the basis of infringement by Viewpointe. Therefore, Viewpointe did not infringe," Philbin says. "If Viewpointe is not an infringer, Viewpointe cannot be a willful infringer."

Philbin also says there is no basis for joint and several liability in this case.

This article was excerpted from The Texas Lawyer. To read the full text, click here (free content, registration required).

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