Apple-Samsung Verdict Third Largest Ever In U.S. Patent Litigation

Lex Machina Data Confirms Historic Nature of Verdict

PALO ALTO, CA – August 24, 2012 – Today’s $1.05B verdict for Apple against Samsung ranks third among all jury verdicts in the history of U.S. patent litigation, according to data complied by Lex Machina, which provides intellectual property (IP) litigation data and predictive analytics to leading companies, law firms, consultants and public interest users.

The verdict narrowly exceeds a recent $1B jury verdict for Monsanto against DuPont in an ongoing case involving patents for genetically modified agricultural seeds. That verdict was issued on August 1, 2012.

“Two separate billion-dollar verdicts in one month demonstrate the critical importance of crafting sound IP business strategy,” said Lex Machina spokesperson Owen Byrd. “Smart boards and CEOs now insist that companies make data-driven decisions about protecting, licensing and enforcing patent rights.”

“This is the largest surviving patent verdict in history,” said Stanford Law Professor and Lex Machina co-founder Mark Lemley about today’s verdict. Two prior verdicts, in 2009 and 2007, exceeded the amount of today’s verdict, but both were overturned, one on appeal and the other by the judge.

Largest Jury Verdicts in U.S. Patent Litigation

1. Centocor Ortho Biotech v. Abbot Laboratories
Verdict: $1.67B
Subject:Antibodies Biotechnology
Prevailing Party: Centocor
Date of Verdict: June 29, 2009
Outcome: Overturned on Appeal
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2. Lucent Technologies v. Microsoft
Verdict: $1.52B
Subject: Media Player Technology
Prevailing Party: Lucent
Date of Verdict: February 2, 2007
Outcome: Overturned by Court
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3. Apple v Samsung
Verdict: $1.05B
Subject: Mobile Handset and Tablet Technology
Prevailing Party: Apple
Date of Verdict: August 24, 2012
Outcome: Case Still Ongoing
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4. Monsanto v. Dupont
Verdict: $1B
Subject: Seed Technology
Prevailing Party: Monsanto
Date of Verdict: August 1, 2012
Outcome: Case Still Ongoing Monsanto v. Dupont verdict filed under seal.

5. Mirror Worlds v. Apple
Verdict: $626M
Subject: Computer Operating System
Prevailing Party: Mirror Worlds
Date of Verdict: October 1, 2010
Outcome: Overturned on Appeal
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