by Dennis Crouch
This week a unanimous jury in Judge Albright's W.D.Tex. courtroom filled out a very simple verdict form that favored the patentee Lashify over the accused infringer Worldbeauty, who sells drugstore lashes:
Q: Did Lashify prove, by a preponderance of the evidence, that Worldbeauty has directly infringed the asserted claims of the asserted patents?
A: Yes, Yes, Yes (all 3 claims).
Q: Did Lashify prove, by a preponderance of the evidence, that Worldbeauty's infringement was willful?
A: Yes
Q: Did Worldbeauty prove, by clear and convincing evidence that the asserted claims are invalid as obvious in light of the prior art?
A: No, No, No.
Q: What amount did Lashify prove, by a preponderance of the evidence, it is entitled to as damages for Worldbeauty's infringement?
A: $30.5 million in lost profits.
There will certainly be some post-verdict motions, including the adjudged infringer's motion for JMOL as well as the patentee's request for treble damages and attorney fees. The $90 million potential is certainly enough to blink your eyes at.