Brent Babcock, chair of Loeb & Loeb’s PTAB Trials practice, is quoted in an article published by Delaware Business Court Insider discussing VLSI Technology’s patent trial against Intel. VLSI is seeking $3.9 billion in damages on just one of the four patents that it’s asserting against Intel before U.S. District Chief Judge Colm Connolly of the District of Delaware.
According to the article, the patent No. 7,246,027, refers to the operational parameters for conserving power in systems-on-a-chip. Judge Connolly released an order to trim back VLSI’s damages case noting that, “A rational licensee would not pay a higher royalty for the right to practice a valid dependent claim than the licensee would pay to practice the broader corresponding independent claim.”
Brent agreed with Judge Connolly and noted that the issue is not often brought up because patents are not licensed claim-by-claim. “If you have one claim or 20, you license the patent and the right not to be sued on any of the claims,” Brent added.
Brent went on to further note that the multibillion-dollar war being waged between VLSI and Intel is unusual and involves creative and sophisticated lawyering.
Click here to read the article on the Delaware Business Court Insider’s website (subscription required).