A $533 million jury verdict that would have been the largest ever for a “patent assertion entity” has been struck down four months after a jury granted it.
US District Judge Rodney Gilstrap, who oversaw the case against Apple, has ruled (PDF) that the damages verdict must be thrown out because of a faulty instruction to the jury. He has ordered a new trial to be held solely on the issue of damages.
Gilstrap said the jury was instructed about the “entire market value rule” of patent damages, even though Smartflash didn’t apply that model in its case.
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