In Fractus, S.A. v. Samsung Electronics Co., Ltd., et al. (6:09-CV-203, EDTX), a jury gave a verdict of patent infringement of four different patents owned by Fractus S.A. against Samsung to the tune of $23,129,321 in damages. The jury found that Fractus proved the infringement was willful by clear and convincing evidence. The Verdict Form provides details as to the patents and the particular claims found to be infringed. The infringed patents are:
- U.S. Pat. No. 7,015,868 (see the nonfinal rejections of claims 26 and 35 in reexamination control no. 95/001,390 for example);
- U.S. Pat. No. 7,123,208 (see the nonfinal rejections of claims 7 and 12 in reexamination control no. 95/001,389 for example);
- U.S. Pat. No. 7,397,41 (see the nonfinal rejections of claims 14 and 30 in reexamination control no. 95/001,482 for example); and
- U.S. Pat. No. 7,394,432 (see the nonfinal rejection of claim 6 in reexamination control no. 95/001,483).
In summary, all four of these patents are in inter partes reexamination and there are currently nonfinal rejections against each claim found to be infringed. These reexaminations are still young and the outcomes are subject to appeals at the Board of Patent Appeals and Interferences and in the Court of Appeals for the Federal Circuit.
Time will tell what happens next, because the district court action and the reexaminations can go ultimately go to the Federal Circuit on appeal. So there will be more to this story unless Samsung decides to settle the case.