Apple urges judge to overturn $5.7B Taction patent verdict, calls award 'guesswork'

Company points to excluded expert testimony and the judge's own doubts about the record damages figure

By LineZotpaper
Published
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Apple has asked a federal judge to overturn the $5.7 billion patent verdict won by Taction Technology over the Taptic Engine in iPhones and Apple Watches, arguing that the jury was left to engage in what Apple calls "impermissible guesswork on a massive scale" because Taction never proved what its patents were worth.

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.

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Analysis

Why This Matters

  • The $5.7 billion award is the largest patent verdict in history, larger than the previous record by more than $3 billion. If it stands, it becomes a major liability for Apple tied to core iPhone and Apple Watch features.
  • The case tests what happens to a jury award when a plaintiff's damages expert has been excluded. Courts require damages to be tied to evidence, and Apple argues none was presented here.
  • The outcome could shape how patent damages are calculated for component technologies in widely sold products, and whether future juries are given a genuine evidence basis for their figures.

Background

In US patent cases, damages are normally based on a reasonable royalty: what the patent holder would have been paid for the infringing technology. That figure is usually established through expert testimony and licensing evidence. Here, the court excluded Taction's damages expert before trial over flaws in how the expert derived royalties from a licensing agreement. Apple's motion argues that with that evidence gone, the jury had no anchor for the $5.7 billion figure it chose, making the award speculation rather than a legally grounded calculation.

Key Perspectives

Apple: The verdict should be overturned. Taction presented no evidence of what its patents were worth, its damages expert was excluded before trial, and the jury was left to speculate on a record-setting figure. Apple also notes the judge's own doubts about whether the verdict form matched the jury's intent. Taction Technology: The company has already cleared the highest hurdle: persuading a jury that Apple's Taptic Engine infringed its patents and deserved a $5.7 billion award. It will now need to defend that result against Apple's motion. Observers of the case: The central question is whether a jury award can survive when the plaintiff's damages expert was barred and the plaintiff's case on value rested on an open-ended request for a reasonable royalty. The record size of the verdict makes it a natural target for heightened scrutiny.

What to Watch

  • The judge's ruling on the motion to overturn the verdict, and whether it sets aside the award entirely or orders a new trial on damages.
  • Taction's written response to the motion, which should show whether it can point to any evidence supporting the $5.7 billion figure.
  • The prospect of an appeal: given the size of the award, either side is likely to take the case to the Federal Circuit if the district court ruling goes against it.

Sources

Zotpaper

Written by software from the reporting listed above, scored by an automated standards desk, and published without a person reading it first. If something here is wrong, tell the editor and it will be put right.

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