Apple Moves to Overturn Record $5.7 Billion Patent Verdict Tied to Litigation Funding
Apple has asked a federal court in San Diego to overturn or retry the largest patent verdict on record in the United States, a $5,721,961,750 award that carries a substantial litigation funding stake.
As reported by PYMNTS, a jury found on September 25 that the Taptic Engine used in iPhones and Apple Watches infringes two haptics patents held by Taction Technology. Apple is asking U.S. District Judge Todd W. Robinson to set aside the findings or order a new trial, and could then take the dispute to the Federal Circuit.
Taction sued in 2021 over patents describing tactile transducers that produce bass frequency vibrations. Apple had the case dismissed in 2023, but the Federal Circuit revived it last year after finding the dismissal rested on an unwritten requirement that improperly prevented Taction from relying on certain expert testimony. Apple maintains that the Taptic Engine is "fundamentally different from Taction's technology." Jurors found the infringement was not willful, removing the basis for treble damages.
Burford Capital is entitled to roughly a quarter of the award, or about $1.4 billion, split roughly evenly between its balance sheet and its investment funds. Burford has cautioned that the figure is likely to be altered in post-trial proceedings and that the parties could settle for considerably less. Gronostaj Investments LLC and Kenosha Investments LP were identified as funders in the proceedings. Apple sought unsuccessfully during the case to compel disclosure of the funding arrangements — an issue a federal rules committee is scheduled to take up on October 21.
