Fractus, S.A. v. Samsung Electronics Co., Ltd. et al
On May 26, 2011, a jury in Tyler returned a verdict in favor of Fractus, S.A, an antenna company based in Barcelona, Spain, on all trial claims asserted against Samsung.
The claims were spread across four related patents in Fractus’ Multilevel Patent family, generally covering multiband antennas used in portable communication devices, such as cell phones. The jury found that Samsung infringed the claims literally and under the doctrine of equivalents, as well as finding Samsung’s infringement willful. After finding that Samsung had not proven the patent claims invalid, the jury entered a verdict in excess of $23M, which amounts approximately to 35 cents per antenna. The HPC team representing Fractus included Michael Heim, Les Payne, and Micah Howe. The HPC team worked seamlessly with attorneys from Susman Godfrey (including Max Tribble, Justin Nelson, and Victoria Cook) and Ward & Smith (Johnny Ward) to produce this result.
Prior to trial, the Fractus legal team also assisted in licensing the Fractus patent portfolio to other third parties, resulting in licensing fees approaching $70 million. The case is Fractus v. Samsung et al., case no. 6:09-cv-203 (E.D. Tex., Tyler Division).