by Dennis Crouch
VLSI Technology LLC v. Intel Corporation, No. 2022-1906 (Fed. Cir. Dec. 4, 2023)
In its decision here, the Federal Circuit took VLSI’s $2.2 billion judgment down to zero — but it will allow a new trial on damages. The court particularly affirmed a finding that Intel infringed claims of U.S. Patent No. 7,523,373, but found the associated $1.5 billion damage award flawed. With regard to the second patent at issue, U.S. Patent No. 7,725,759, the appellate panel found that insufficient particularized evidence had been presented to show infringement under the Doctrine of Equivalents. This took away the $700 million damage for infringement of that second patent. Opinion by Judge Taranto and joined by Judges Lourie and Dyk.
VLSI originally sued Intel in the Western District of Texas in 2019, asserting the two patents relating to semiconductor chip technology. The ‘373 and ‘759 respectively cover “Minimum Memory Operating Voltage Technique” for integrated circuits and a “Method of Managing Clock Speed in an Electronic Device.” And, Intel’s Haswell and Broadwell microprocessors were accused of practicing the claims. A jury issued its verdict in early 2021 favoring the patentee and, the district court entered judgment that Intel literally infringed the ‘373 patent and infringed the ‘759 patent under the doctrine of equivalents with $2.2 billion in total damages.