Fed Circuit orders fresh trial in vehicle tracking patent suit
The US Court of Appeals for the Federal Circuit yesterday, April 8, vacated and remanded a new trial in a case involving patents for vehicle tracking.
In the precedential decision, the Federal Circuit vacated an infringement decision, putting patent holding company Omega Patents’ $15 million victory at risk.
Omega Patents had previously accused telematics company CalAmp Corp of infringing US patent numbers 6,346,876; 6,756,885; 7,671,727; and 8,032,278 in December 2013 at the US District for the Middle District of Florida.
All of the patents relate to vehicle tracking and systems that can remotely control various vehicle functions and CalAmp was allegedly infringing the patents through the sale of devices that include a GPS receiver for vehicle tracking.
Following a trial, a jury found the patent claims were valid and that CalAmp had infringed the patents. The jury also found that CalAmp had wilfully infringed a valid patent and awarded Omega nearly $3 million in compensatory damages.
The district court tripled damages for willful infringement and awarded attorneys’ fees, damages for sales made after the jury verdict, and added pre-judgment interest. In total, Omega Patents was awarded $15 million.
CalAmp appealed against the judgment.
Yesterday, the Federal Circuit concluded that the patents were valid and had been infringed.
The Federal Circuit affirmed the judgment that CalAmp had directly infringed the ‘727 patent, while reversing the judgment that CalAmp had directly infringed the ‘876 and ‘885 patents and vacating the judgment of infringement on all of the asserted claims of the ‘278 patent.
On wilful infringement, the court said that the jury had been asked whether it found CalAmp willfully “infringed a valid patent”, without specifying which patent or patents or which claim or claims were willfully infringed.
“Based on the record, we cannot determine which patent(s) or claim(s) the jury found to be willfully infringed, and such a finding may be based on an infringement finding that has been set aside,” said Circuit Judge Timothy Dyk, on behalf of the Federal Circuit.
As the jury’s wilfulness finding was vacated, the court also vacated the enhanced damages and attorneys’ fees award by the district court, both of which were explicitly based on the wilful infringement finding.
The court vacated and remanded for a new trial on indirect infringement, compensatory damages, wilful infringement, enhanced damages, and attorneys’ fees.
Dyk added: “On remand, the parties are urged to achieve clarity by clearly presenting evidence, objections, arguments, and jury instructions as to direct and indirect infringement, compensatory damages, and willful infringement, assuming the parties choose to continue pursuing such issues, so that this court may effectively fulfil its appellate function in any further review arising from the retrial.”
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