A split panel of the U.S. Court of Appeals for the Federal Circuit has overturned an $8.4 million patent verdict for a lawyer’s patent-holding company, citing a lack of evidence to support the award.
The majority in WhitServe v. Computer Packages, 2011-1206-1261, complained both that the jury hadn’t explained how it arrived at the amount and that the damages expert gave conclusory and speculative testimony. In an opinion released on Aug. 20, the panel ordered District of Connecticut Judge Alfred Covello to reassess the damages and decide a range of post-trial motions concerning WhitServe’s bid for a permanent injunction, attorney fees and additional relief.
