ESW-Roku: New Verdict for the Trial Tracker

For those who haven’t yet heard, Friday afternoon Roku notched its second trial win before Judge Albright. The jury handed down a verdict finding that Roku had not infringed any asserted claim of ESW’s two asserted patents, and further found that Roku had successfully proved that ESW’s ‘718 patent was invalid. (Roku did not put on an invalidity case at trial as to the second asserted patent.) Michelle Casady of Law360 has a good summary writeup: Roku Cleared Of Infringement In $228M Interactive TV IP Trial (subscription required)

Judge Albright spoke briefly with counsel following the jury’s verdict and congratulated both sides on a well-tried case. He specifically stated that he had no inkling which way the jury was likely to rule before they handed him the verdict form.

Meanwhile, trial commenced this morning in VLSI-Intel II. Thus far, we’d say it looks a lot like VLSI-Intel I, though with a slightly more aggressive approach from Intel’s trial team at WilmerHale.

We’ve added the ESW-Roku verdict to the big board, and it looks like we’ll soon have another data point from VLSI-Intel II to add:

(See Excel Sheet)