11329352

ATL sued CosMX for patent infringement. The complaint initially asserted U.S. 11,329,352 and U.S. 10,971,706; ATL later amended to assert U.S. 10,833,363 and U.S. 10,964,987, and by trial three patents were in suit: the '987, '363, and '352 Patents. A jury found CosMX infringed and willfully infringed certain claims, but claim 1 of the '352 Patent and claim 1 of the '363 Patent were invalid; final judgment entered April 26, 2024, with $3,701,108 damages plus $1,000,000 enhancement, and an amended final judgment followed September 3, 2024.

CosMX appealed and ATL cross-appealed from the E.D. Tex. judgment that held the '352 Patent invalid and awarded damages on the '987 Patent. The Federal Circuit dismissed the appeals by joint agreement under Fed. R. App. P. 42(b), each side to bear its own costs.