Chief Judge Patti B. Saris, who presided over the November 2015 jury trial in Trustees of Boston University v. Epistar, Everlight and Lite-On, GRANTED VBL clients Epistar and Everlight’s motion for New Trial, in part, ruling that the highest amount of patent infringement damages supported by the evidence was $1M apiece. The court ruled there was no evidence to support the jury’s lump sum awards in favor of Boston of $9.3M (Epistar) and $4.0M (Everlight). The court ordered Boston to either accept a reduction of the verdicts to $1M for Epistar and $1M for Everlight, or she would convene a new trial on damages. The ruling will result in a cut to the court’s previously awarded prejudgment interest also. Previously the court had added to the $13.3M against the two defendants for a total judgment exceeding $19M. The prejudgment interest on the $2M total award will now probably be below $1M (instead of more than $6M). For a copy of the Court’s decision, Read more.

The court also denied Boston University’s motion for enhanced damages in its entirety, siding with VBL’s clients. Boston had argued that the $13.3M award should be tripled. For a copy of the court’s decision, Read more.