Partner Charles Baker Quoted by The Texas Lawbook on Takeaways and Observations From VLSI v. Intel Trial and Judgment

The Texas Lawbook
March 8, 2021

Austin and Houston Partner Charles Baker, Co-Chair of Locke Lord’s IP Litigation Practice Group, was quoted throughout The Texas Lawbook’s Q&A examining the recent VLSI v. Intel trial in the Western District of Texas before U.S. District Judge Alan Albright. Baker shared his takeaways from the highly anticipated and closely watched trial, observations on Judge Albright and on his experience observing the trial virtually.

Baker said the most important thing he learned from following the trial daily was, “Put on a simple case, and make sure your experts are likable and believable.”

Commenting on the jury’s $2.175 billion judgment in favor of the plaintiff, Baker noted, “I do not know if they will pass muster at the U.S. Court of Appeals for the Federal Circuit, because the regression analysis that VLSI’s expert used was unusual. I can see a new trial just on damages.” Speaking to his takeaways on the Waco jury pool following what was the second patent infringement trial in Judge Albright’s court, he commented, “Waco jurors are not afraid to award large damages,” adding it is still too early to compare it to the Eastern District of Texas jury pool.

Baker also weighed in on the process of tuning into the trial virtually by phone. “I thoroughly enjoyed the experience, I hope all future trials in Waco are handled this way — it provides great access without having to have to be there. But I did miss not seeing the jurors and their reactions and the exhibits. I would like to at least see the exhibits,” he said.

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