Jury Awards $185 Million for Norton’s Patent Infringement Based Upon Expert Testimony of Intensity Economist

Dr. Ryan Sullivan of Intensity provided trial testimony on behalf of The Trustees of Columbia University in patent litigation involving Norton’s cybersecurity software.  Based upon the testimony of Dr. Sullivan, the jury awarded damages of $185 million.

Intensity worked with Sullivan & Cromwell on behalf of The Trustees of Columbia University in patent litigation involving two cybersecurity patents.  Columbia University claimed that five of Norton’s product families infringe its patents.  The technology at issue uses machine learning to analyze the behavior of potential malware and improve malware detection.

During its work, Intensity conducted economic analysis and provided trial testimony to determine reasonable royalties for the alleged patent infringement by Norton.  This included an assessment of the geographic scope of Norton’s alleged infringement, evaluation of the economic contribution of the patented technologies to Norton’s allegedly infringing products, and analysis of the economic benefits from use of the patented technologies by Norton.  As part of its work, Intensity evaluated all fifteen of the Georgia-Pacific factors.

Dr. Ryan Sullivan, President of Intensity, submitted two reports and provided expert testimony at deposition and trial.  After a two-week trial, the jury returned a verdict in favor of Columbia University with a damages award that is consistent with Dr. Sullivan’s testimony.  The jury awarded damages of $185 million for infringement of U.S. Patent No. 8,074,115 and U.S. Patent No. 8,601,322 through February 2022.  This damages award does not include prejudgment interest or potential future running royalties.  The jury found that Norton’s infringement of both patents was willful, permitting the Court to potentially enhance the damage award.

Wall Street Journal and Reuters coverage of the verdict can be found here and here.  In addition, Law 360 (subscription required) coverage can be found here.