A US District Court jury has awarded Boston University more than $13 million after finding that three companies infringed on a BU patent for blue LEDs (light emitting diodes), used in countless cell phones, tablets, laptops, and lighting products.
The University was represented by Michael Shore, a partner at Shore Chan DePumpo LLP, in Dallas, specialists in intellectual property cases, and Erik Belt, a partner specializing in patent disputes at the Boston law firm McCarter and English LLC, which has represented BU before. While it is possible for the defendants to appeal the verdict, Belt says it would be difficult to overturn the jury’s clear finding of fact.
“To infringe in patent law, you don’t have to know about the patent and you don’t have to have an intent,” says Belt. To prove willfulness, “you basically have to show the other side knew of the patent and they were perhaps recklessly disregarding the fact that they were infringing or willfully blind to it. There’s a lot of ways to say it, but you basically have to show that there was willful disregard for BU’s patent rights.
“I think this really validates Professor Moustakas’ scientific breakthrough and establishes him as one of the great scientists in his field,” Belt says.