Apple is asking a federal judge to overturn the $5.7 billion patent infringement verdict won by Taction Technology, arguing that the jury had no evidence on which to base the award.
The verdict, handed down last month, ordered Apple to pay $5.7 billion for infringing two Taction patents related to the Taptic Engine that powers haptic feedback in iPhones and Apple Watches. Apple immediately said it strongly disagreed, calling the damages "entirely unsupported by the facts" and insisting its technology was "fundamentally different" from what the patents cover.
In its new motion, Apple argues Taction failed to present sufficient evidence to support any damages award. It notes the verdict is "the largest patent verdict in history, by more than $3 billion," and points out that the court had already excluded Taction's damages expert before trial because of flaws in how the expert calculated royalties from a prior licensing agreement. That expert was later barred from testifying altogether.
"Taction told the jury it was 'just looking for a reasonable royalty for its contribution,' but never offered evidence of what that contribution was worth," Apple writes in the motion. "Instead, it asked the jury to 'award a reasonable royalty that y'all think is appropriate.'" Apple said the lack of evidence left the jury to speculate, contrary to the court's instructions and binding Federal Circuit case law.
Apple also cites the judge's own remark before the award was announced: he told attorneys he was "not sure that the figure that appears on the verdict form is what the jury meant to convey," raising questions about whether the $5.7 billion figure reflected the jury's actual intent. A ruling on the motion has not been announced.