(Federal Courthouse in Marshall, Texas. Photo by Jay Carriker.)
(Marshall, Texas – Monday, February 10, 2014) The Honorable Rodney Gilstrap entered an order for entry of partial judgment for patent infringement today against Google in SimpleAir, Inc. v. Microsoft Corp., et al., 2:11-cv-416-JRG. On January 18, 2014, an East Texas jury found Google guilty of patent infringement but could not reach a decision on the amount of damages. Google’s counsel responded by moving the Court for a new trial on all three issues. SimpleAir’s counsel moved alternatively for an entry of partial judgment as to infringement and invalidity and a new trial on damages only.
Relying on Eastern District of Texas precedent, the Honorable Rodney Gilstrap granted SimpleAir’s opposed motion for a new trial on just damages and denied Google a second bite of the infringement and invalidity apple. A new jury will be selected on March 17, 2014 to determine how much Google will pay for its infringement. Pre-trial conference will take place March 10, 2014. See SimpleAir v. Google, Order.
Counsel for SimpleAir, Inc.:
Gregory Scott Dovel, Julien Antonio Adams, Richard Elgar Lyon , III, Simon Carlo Franzini, and John Jeffrey Eichmann of Dovel & Luner out of Santa Monica, California; and Daymon Jeffrey Rambin, Sidney Calvin Capshaw , III, and Local Counsel Elizabeth L. (Betty) DeRieux of Capshaw DeRieux LLP from Gladewater, Texas.
Counsel for Google Inc.:
Alton Absher , III, E. Danielle Thompson Williams, Mitchell G Stockwell , Russell A Korn, and Scott Edward Kolassa of Kilpatrick Townsend & Stockton, LLP’s Menlo Park and Atlanta Offices; with Local Counsel Jennifer Parker Ainsworth of Wilson Robertson & Cornelius, PC from Tyler, Texas
