Monday, September 18, 2006

"Two-fer" From the E.D. Tex. - Jury Finds Patent Invalid and Not Infringed

Hyperion Solutions Corporation v. Outlooksoft Corporation (2:04-cv-00436) - OutlookSoft Corporation, a provider of performance management software, is announcing that it has prevailed in a patent infringement suit brought against the company in December 2004 by Hyperion Solutions in the U.S. District Court for the Eastern District of Texas.

Tried before Judge Ward, the jury reportedly returned a verdict that Outlooksoft did not infringe the patents in suit, and that they showed by clear and convincing evidence that the patents asserted by Hyperion (US Patents 4,989,141 and 5,189,608) were invalid.

This was a tough case to follow, since many of the court filings were sealed, but the verdicts are noteworthy. This is now the second defense win in a row in Judge Ward's court in Marshall (the first one being Sensormatic v. WG Security Products, Inc. - see here). Michael Smith from the Eastern District of Texas Federal Court Practice Blog has commented that of the 26-28 most recent patent verdicts, this is the first invalidity finding by a jury.

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