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Anatomy Of A $1.67 Billion IP Verdict

Publication Date: 
July 01, 2009
Zusha Elinson

Professor Mark A. Lemley is quoted in in a story about a $1.67 billion patent verdict against Abbott Labs:

News of Monday's record-setting $1.67 billion patent verdict against Abbott Labs had patent lawyers slack-jawed across the country.


After five hours of deliberations, the jury went with the Johnson & Johnson lawyers, finding willful infringement and awarding $1.17 billion in lost profits and $504 million in royalties. None of the lawyers involved in the case would comment, and both companies gave generic statements to the press.


A number of lawyers contacted for this story had one reaction to the verdict: wow.


"Damages is sort of the centerpiece of our patent reform debate, and the fact that this is the biggest award has got to raise the profile of the political debate over damages," said Mark Lemley, an IP law professor at Stanford, adding that he didn't know the facts of the case.