Asyst Technologies Inc. v. Empak Inc., Emtrak Inc., Jenoptik AG, Jenoptik Infab Inc.
Published: Jun. 23, 2007 | Result Date: Jan. 31, 2007 | Filing Date: Jan. 1, 1900 |Case number: 98-20451 JF Verdict – $74,700,000
Court
USDC Northern
Attorneys
Plaintiff
Darryl M. Woo
(Goodwin Procter LLP)
Michael J. Sacksteder
(Fenwick & West LLP)
Defendant
Daniel T. Shvodian
(Perkins Coie LLP)
Experts
Plaintiff
Philip Faillace
(technical)
Mark Nussbaum
(technical)
David Mowery
(technical)
Douglas Peltzer
(technical)
Daniel Burns
(technical)
Defendant
Donald Alpert
(technical)
Vincent O'Brien
(technical)
Facts
Asyst Technologies Inc. holds a U.S. patent, No. 5,097,421, directed to a system for inventory management and tracking of semiconductor wafers during their processing in a fab. Asyst sued Jenoptick AG and others for patent infringement, alleging defendants sold a similar system called the IridNet system. The case was remanded twice from the U.S. Court of Appeals for the Federal Circuit and went to the jury on issues of patent invalidity, infringement and damages.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants infringed its '421 patent, resulting in lost profits and price erosion damages, and that the patent is valid.
DEFENDANTS' CONTENTIONS:
Defendants contended that plaintiff's '421 patent is invalid as obvious in light of prior art and due to "double-patenting." Further, defendants contended that they lacked the requisite intent to infringe and that the claimed damages were excessive.
Damages
Plaintiff asked the jury to award $31.5 million in lost profits damages and $43.2 million in price erosion damages.
Result
The jury awarded plaintiff $74.7 million.
Other Information
On Dec. 20, 2006, the judge granted the defendants' motion for reconsideration regarding their motion for summary judgment, holding that all the asserted patent claims were invalid due to double patenting. The plaintiff filed a terminal disclaimer, and the case proceeded to trial. Numerous post-trial motions are pending, including a request to vacate the verdict and grant defendants' motion, as well as a request for leave to file a post-trial motion for summary judgment of invalidity to obviousness.
Deliberation
one day
Length
three weeks
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