On April 4, 2011, the District Court for the Eastern District of Texas set aside a jury verdict of $625 million in favor of Mirror Worlds and against Apple, Inc. Mirror Worlds, LLC v. Apple, Inc., Case No. 6-08-CV-88 (E.D. Tex. April 4, 2011) (Judge Davis). The Court set aside the jury's finding of infringement because Mirror Worlds failed to prove that Apple directly infringed Mirror Worlds' patents because Mirror Worlds did not present evidence that Apple performed the steps detailed in the method claims.
The Court found that it was insufficient to show that Apple sold software that could perform the steps; rather, the Court held that Mirror Worlds needed to prove through appropriate evidence that Apple performed each and every step of the method claimed in the patent, i.e., that Apple itself used the methods claimed in the patent. As Mirror Worlds failed to proceed on that theory--and relied instead on mere sales of software--there was not sufficient evidence to support the jury verdict.
The authors of www.PatentLawyerBlog.com are patent litigation lawyers at Jeffer Mangels Butler & Mitchell LLP. We represent inventors, patent owners and technology companies in patent licensing and litigation. Whether pursuing patent violations or defending infringement claims, we are aggressive and effective advocates for our clients. For more information contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com.