Densys v. 3Shape Verdict & Updated Texas IP Trial Tracker

Today’s post is courtesy of guest author Tim Dewberry.

Today in the case Densys Ltd. v. 3Shape Trios A/S, a jury in Waco returned a verdict finding infringement by defendant 3Shape Trios of U.S. Patent No. 6,402,707 (the “’707 Patent”), which is directed to a “[m]ethod and system for real time intra-orally acquiring and registering three-dimensional measurements and images of intra-oral objects and features.”

Plaintiff Densys alleged both direct and induced infringement of the ’707 Patent, with the jury ultimately agreeing and finding that 3Shape willfully infringed the asserted claims directly and indirectly. In a daring, but ultimately unsuccessful, gambit 3Shape opted to forgo its previously asserted invalidity defense and instead focus entirely on its non-infringement arguments at trial.

The jury awarded Densys damages of $11.875M, which fell approximately midway between Densys’s request for $22.6M and 3Shape’s assertion that any damages award should be between $700K and $3.7M.

* * *

Thanks, Tim! And here’s an updated version of the blog’s Texas IP trial tracker:


(See Excel Sheet)