RE:RE:RE:RE:RE:Very important hearing today on Amazon caseThe key patents in the portfolio have survived PTAB.
They are going for enhanced damages. And the judge was not impressed with Amazon in their attempt to withhold the Alexa source code. That was blatant poor conduct. SRI doubled their award and received attorney fees from Cisco for port discover and trial conduct in a separate case.
The odds of getting to trial these days are closer to 10-20%. There are so many ways to gut a patent. But when these do get to trial, the plaintiff usually wins... and wins big. And this is a very seasoned judge with low reversal rates, so this is a big upcoming event if it goes to trial.
Amazon has gone all in on the non-infringement theory. But WiLan's lawyers are trying to get the testimony eliminated as the expert admitted she didn't write it and also admitted that she didn't apply the right legal standard for her opinion.
Fingers crossed.