Russ August & Kabat attorneys Reza Mirzaie, Adam Hoffman, Neil Rubin, and Jacob Buczko won a jury verdict for damages of approximately $3.5 million for their client, Conversant Wireless (formerly Core Wireless), against LG Electronics for the infringement of two Conversant Wireless patents. The jury’s award reflected the exact amount of damages Conversant Wireless requested for LG’s infringement of two Nokia patents on fundamental cellular technology relating to “2G” and “3G” cellular standards. In addition, the Court awarded $699,142.36 in enhanced damages for willful infringement, for a total award of just under $4.2 million. The trial, held in Marshall Texas, was a retrial on damages arising from a September 2016 trial in which the jury found that LG had willfully infringed Conversant Wireless’s patents. The jury award in this retrial represents a significant increase in damages from the $2.28 million in past damages awarded in the 2016 trial.
The patents at issue are U.S. Patent No. 7,804,850, related to improved capacity and battery life through reduction in superfluous transmissions, and Patent No. 6,633,536, related to a signaling protocol designed to improve network operation and call reliability. During the trial, LG argued that damages should be as little as $80,000. Conversant Wireless argued that damages should be $3,495,712, based on royalty rates of 4 cents for the ‘850 patent and 5 cents for the ‘536 patent. The precise amount awarded by the jury was $3,495,712.80. While the ‘536 patent expired in late 2017, the ‘850 patent does not expire until 2027.
The case is Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc., Case No. 2:12-cv-912.