Freeman (J, San Jose)

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After a jury verdict of willful infringement, almost $6,000,000 in patent-related damages, and a Chapter 7 bankruptcy, Judge Freeman increased WOSS’s legal troubles by granting TRX’s motions for enhanced damages and attorneys’ fees.[1]

Enhanced Damages.  Judge Freeman first granted TRX’s request for enhanced damages under 35 U.S.C. § 284 given its egregious behavior.  In making her determination, Judge Freeman considered the Read factors[2] and WOSS’s subjective intent.

At trial, the jury found that WOSS willfully infringed US Patent No. 7,044,896 (“the ’896 patent”).  Central to Judge Freeman’s decision to enhance damages was WOSS’ intent at the time of infringement.  At trial, WOSS’s founder, Mr. Ott, testified that he did not think WOSS’s band (left) infringed the ’896 patent (right):

Figure showing WOSS’s band               Figure displaying ’896 patent

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In an unusual sequence of events, Judge Freeman reconsidered and withdrew her previous ruling that plaintiff Fitness Anywhere LLC’s (“TRX”) Patent No. 7,806,814 (“’814 Patent”) was invalid.

TRX accused defendant Woss Enterprises LLC’s (“Woss”) of infringing the ’814 Patent via sales of Woss’s resistant exercise bands.  In August 2016, Judge Freeman granted Woss’s motion for summary judgment that the ’814 Patent was invalid as obvious in light of U.S. Patent No. 7,044,896 (“’896 Patent”) and U.S. Patent No. 7,090,622 (“’622 Patent”).  All three patents have the same named inventor.

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Image from Google’s Project Loon webpage.

Judicial estoppel made a surprise appearance before Judge Freeman on May 18, 2018 when she heard (and denied) Space Data Corporation’s (“Space Data”) motion for partial summary judgment that Alphabet Inc. and Google LLC (collectively, “Google”) are judicially estopped from claiming that Space Data’s asserted claims are invalid.

Space Data accuses Google’s “Project Loon”—a project that uses balloons to provide wireless Internet access to remote locations[1]—of infringing U.S. Patent No. 9,678,193 (“the ’193 patent”).  Google had a patent of its own that covered balloon communication systems, U.S. Patent No. 8,820,678 (“the ’678 patent”), against which Space Data initiated an interference proceeding to establish that its patent had priority over Google’s.  Google did not oppose Space Data’s priority claim and, consequently, the PTAB issued a ruling in Space Data’s favor.

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