"It is very unusual for a judge to overturn a jury verdict in the IP arena particularly when the issues for trial were probably well honed by pretrial motions," he said. As for the appeals of the ruling, whether Alcatel-Lucent prevails will depend largely on how the court views Brewster's ruling.

"Appellate courts are very reluctant to tinker with decisions of a jury," he added.

The ruling could have broader implications as well, Vern Winters, a trial lawyer in the global patent litigation practice of Weil Gotshal & Manges, told the E-Commerce Times, particularly because the original award was so large.

"Plaintiffs' lawyers around the country were trying to use that award as leverage in negotiations," he said.

 

http://www.ecommercetimes.com/story/58712.html