Haynes and Boone, LLP Partner Eugene Goryunov talked with Law360 about how even though many patent trials were delayed and ultimately pushed into 2021, a few jury trials had some of the largest verdicts of the last decade.
Below is an excerpt:
This year featured three jury verdicts that surpassed $500 million, along with a nearly $2 billion judgment from a bench trial. On top of that, Apple paid off a judgment worth nearly a half-billion dollars, and a $752 million verdict against Kite Pharma from 2019 surpassed $1 billion when final judgment was entered in April.
The cases stretched from Virginia to California, with predictable stops in Texas.
The high verdicts are also catching the eyes of litigation funders, who see these cases as a great place to invest. But those funders also have a say in how far a case goes.
Haynes and Boone, LLP Partner Eugene Goryunov said that funders take on a risk that the patents at issue will face the other element of patent litigation — a validity challenge at the Patent Trial and Appeal Board (PTAB).
"Litigation funders have a really interesting economic situation in front of them," Goryunov said. "They have to be even more vigilant in evaluating the cases before they invest because you still have that dual dynamic where on the one hand, you may have good merits, but on the other hand, there's also the risk of the patent being invalidated at the PTAB."
To read the full article, click here.
Below is an excerpt:
This year featured three jury verdicts that surpassed $500 million, along with a nearly $2 billion judgment from a bench trial. On top of that, Apple paid off a judgment worth nearly a half-billion dollars, and a $752 million verdict against Kite Pharma from 2019 surpassed $1 billion when final judgment was entered in April.
The cases stretched from Virginia to California, with predictable stops in Texas.
The high verdicts are also catching the eyes of litigation funders, who see these cases as a great place to invest. But those funders also have a say in how far a case goes.
Haynes and Boone, LLP Partner Eugene Goryunov said that funders take on a risk that the patents at issue will face the other element of patent litigation — a validity challenge at the Patent Trial and Appeal Board (PTAB).
"Litigation funders have a really interesting economic situation in front of them," Goryunov said. "They have to be even more vigilant in evaluating the cases before they invest because you still have that dual dynamic where on the one hand, you may have good merits, but on the other hand, there's also the risk of the patent being invalidated at the PTAB."
To read the full article, click here.