Judge Stark Denies Motion for No Damages for Failure to Quantify Instances of Infringement

Judge Leonard P. Stark denied defendants' motion for summary judgement of no damages.  Symantec argued that Intellectual Ventures did not provide a basis to quantify the damages base and instead assumed that all customers use the products they purchase.  Intellectual Ventures defended their analysis by pointing out it would be financially unwise to purchase a product and then not use it.  Judge Stark ruled that Intellectual Ventures identified sufficient evidence from which a jury could equate a purchase with actual use.  The opinion points out that a patentee is not required to demonstrate a one-to-one correspondence between units sold and directly infringing customers.

-- Intellectual Ventures I LLC et al v. Symantec Corporation, 1-13-cv-00440 (DED), Doc 335.




Source: DocketNavigator.com

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