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Delaware Jury Returns Plaintiff Verdicts in Long-Running Campaign

June 25, 2023

A Delaware jury has returned two verdicts in favor of Personal Audio, LLC against Alphabet (Google). A “Phase One” verdict finds four of five tried claims (from two patents) infringed and finds none of those five claims proven invalid as obvious, a “Phase Two” verdict finding with respect to all four infringed claims that Personal Audio proved “that Google actively induced users of unlicensed Android phones with Google Play Music installed to infringe”. A “Total Reasonable Royalty” of $15.1M, after a $33M ask, was awarded to the plaintiff, with the jury indicating in that second verdict that the infringement found was willful. Given that Chief Judge Colm F. Connolly presides over this litigation, the public can make a more informed guess as to where that damages award, if and however enhanced, might go.


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