Gen Digital owes Columbia $481 mln in US patent fight, judge says

Gen Digital

02/10/2023 23:16

* 
      Judge enhances jury's $185 million damages ruling for
Columbia
University
    

        * 
      Holds former Gen Digital law firm Quinn Emanuel in
contempt
    

  
    By Blake Brittain
       Oct 2 (Reuters) - A federal judge in Virginia has ruled
that software company Gen Digital  GEN.O , formerly known as
NortonLifeLock, owes New York's Columbia University nearly
$481.3 million in a patent lawsuit over cybersecurity
technology, more than doubling a jury's award for the school
from last year.
    U.S. District Judge Hannah Lauck said in a final judgment
issued on Saturday that Columbia's $185 million jury verdict
should be multiplied after Gen Digital had willfully infringed
the patents with its antivirus software and other security
products.
    Lauck also held Gen Digital's former attorneys from law firm
Quinn Emanuel Urquhart & Sullivan in contempt for failing to
comply with a court order to disclose communications from an
unfavorable witness whom the firm kept from testifying at trial.
    Columbia said in a court filing that Gen Digital and Quinn
Emanuel made false statements about former Gen Digital executive
Marc Dacier's willingness to testify after he told the
university that he had first-hand knowledge of facts relevant to
its case. 
    The school also accused Gen Digital of other litigation
misconduct including an "exceptional pattern of meritless
arguments."
    Lauck said that her sanction included a "negative inference
of egregiousness regarding any unproduced communications" for
the purposes of Columbia's enhanced-damages request.
    Opinions setting out Lauck's reasoning for the decisions
were filed under seal. Columbia had asked for increased damages
based on Gen Digital's alleged misconduct and willful
infringement.
    A spokesperson for Gen Digital said on Monday that the
company strongly disagrees with the judgment and will appeal. 
    Representatives for Quinn Emanuel did not immediately
respond to a request for comment on Monday. The firm previously
told the court it had complied with its order.
    A spokesperson for Columbia declined to comment.
    Columbia sued Gen Digital in the Richmond, Virginia, court
in 2013, accusing the company of infringing six patents related
to intrusion-detection systems. 
    A jury said last year that the company infringed the two
Columbia patents that remained in the case and awarded the
school $185 million in damages. The jury also ruled that two
Columbia professors should be listed as inventors on a Gen
Digital patent related to decoy technology for baiting viruses. 
    Lauck said in a final judgment on Saturday that Columbia
should receive $481 million in total damages, 2.6 times the
jury's original award. 
    Lauck also ordered Gen Digital to pay attorneys' fees
related to "post-remand litigation misconduct."
    The case is The Trustees of Columbia University in the City
of New York v. Gen Digital Inc, United States District Court for
the Eastern District of Virginia, No. 3:313-cv-00808.
    For Columbia: Garrard Beeney of Sullivan & Cromwell
    For Gen Digital: Doug Lumish of Latham & Watkins; and Dabney
Carr of Troutman Pepper Hamilton Sanders
    
    Read more:
    Jury says NortonLifeLock owes Columbia U. $185 million over
cybersecurity patents

 (Reporting by Blake Brittain in Washington)