Delaware jury awards Densify $236M for VMware infringement - Technical.ly Delaware

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Jan. 27, 2020 4:35 pm

Delaware jury awards Densify $236M for VMware infringement

It took just six hours for jurors to find that VMware needed to pay up.
The nation’s top business court is in Delaware.

The nation's top business court is in Delaware.

(Photo by Pexels user Pixabay, used under a Creative Commons license)

If you get called for jury duty at the U.S. District Court for the District of Delaware, you never know what you’re going to get. Especially now that, according to Delaware Division of Corporations 2018 Annual Report, 67.2% of Fortune 500 companies are incorporated in Delaware.

It’s not at all unlikely that you’ll be asked to decide whether a giant company has to pay out hundreds of millions of dollars in a lawsuit.

Case in point:

IT giant VMWare, incorporated in Delaware and located in Palo Alto, California, has earning upwards of $8.97 billion; its majority shareholder, Dell Technologies, is ranked 34 in the Fortune 500.

It took a Delaware jury just six hours — after a nine-day trial — to find that VMWare willfully infringed on two patents owned by Densify, a cloud and container resource management company headquartered in Toronto. The jury, after agreeing with Densify’s lead counsel Courtland Reichman that its patents were infringed, awarded Densify $236 million in damages.

The patents cover a virtualization technology that enables multiple computer systems to run on a single server.

The story has made national news, with headlines like, “Why so glum, VMware? It’s Friday. Oh, is it this $235m patent infringement invoice from Densify? Too bad, so sad.”

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