Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

E.D. Tex.

VirnetX Inc., et al v. Apple Inc., No. 6:10-cv-00417 (E.D. Tex. July 29, 2016)

Granted
Court
U.S. District Court for the Eastern District of Texas, Tyler Division
Case No.
No. 6:10-cv-00417, Dkt. No. 893
Decided
July 29, 2016
Judge
Robert W. Schroeder, III, J.
Document
Order
Docket Entry
MEMORANDUM OPINION AND ORDER. The orders consolidating the cases (Cause No. 6:10-cv-417, Docket No. 878; Cause No. 6:12-cv-855, Docket No. 220) are hereby VACATED. The issue of willfulness in both cases is BIFURCATED. Cause No. 6:10-cv-417 …
Length
15 pages

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Before the Court is Apple Inc.’s (“Apple”) Motion for a New Trial Based Upon the Consolidation of Cause Nos. 6:10- cv-417 and 6:12- cv-855. Docket No. 4 63 at 41 –45.1 T he combination of the consolidation and numerous statements about the prior jury verdict in Cause No. 6: 10-cv-417 (“Apple I ”) (Docket No. 598) introduced, through argument by counsel and witness questioning, the potential for juror confusion and unfairly prejudiced Apple’s right to a fair trial. Accordingly, the Motion (Docket No. 463 at 41–45) is GRANTED.