LA Judge Reinstates $131 Million Patent Award, Doubles It for Willfulness
Morgan Lewis guides nonprofit to enhanced damages in hearing implant dispute as U.S. District Judge Fernando Olguin cites Supreme Court's new rules and defendant Cochlear's conduct before and after trial.
November 07, 2018 at 06:48 PM
5 minute read
A few years ago, U.S. District Judge Fernando Olguin of the Central District of California seemed to be on Cochlear Ltd.'s side.
Although a jury awarded $131 million against the Australian hearing implant giant in 2014 for infringing four patent claims, Olguin ruled post-trial that three of the four claims were invalid. He also granted a new trial on damages and rejected the jury's finding that the award was willful.
Now, after a trip to the U.S. Court of Appeals for the Federal Circuit, a change in the law of willfulness from the Supreme Court, and a re-examination proceeding that seems to have irked the judge, Olguin has come down on Cochlear hard. He's not only reinstated the $131 million infringement award, he's doubled it for willfulness. The total comes to $268 million with supplemental damages.
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