Patent Trials

Common situations.

• A defendant facing trial in Marshall wants to know what to expect.
• A patent owner wins a large verdict and wonders what happens next.
• A losing party asks what can be challenged after the verdict.

Judge or jury.

A party seeking money damages has a right to a jury (U.S. Const. amend. VII). The jury decides infringement, validity, damages, and willfulness. The judge decides claim construction, equitable defenses such as inequitable conduct and estoppel, whether to enhance damages, attorney's fees, and injunctions. If no party seeks damages, as when only an injunction is sought, the case is tried to the judge.

How a patent trial runs.

1. Pretrial conference. The court rules on motions in limine, exhibit objections, and the jury instructions and verdict form.
2. Jury selection. Typically completed in a few hours.
3. Opening statements and the patent owner's case on infringement and damages, including technical and damages experts.
4. Defendant's case on noninfringement, invalidity, and damages.
5. Rebuttal, usually on validity.
6. Motions for judgment as a matter of law before the case goes to the jury (Fed. R. Civ. P. 50(a)).
7. Instructions and closing arguments. Many courts draw on model patent jury instructions.
8. Deliberation and verdict.

Texas federal judges commonly set firm time limits for each side, so trials of several patents may last only a week or so. Each side must choose its strongest claims, prior art, and witnesses.

The verdict form.

The jury must agree unanimously on each claim. In 2025 the Federal Circuit vacated a $300 million verdict from the Eastern District of Texas because the verdict form asked only whether the defendant infringed "any" of five patents, which did not show that the jury agreed on any one of them (Optis Cellular Tech., LLC v. Apple Inc., No. 2022-1904 (Fed. Cir. June 16, 2025)). The court also held that repeated references to a large settlement figure in another dispute were unfairly prejudicial. Separate questions for each patent, and often each claim, are now the safer practice.

After the verdict.

• Renewed motion for judgment as a matter of law (Rule 50(b)), arguing that no reasonable jury could have reached the verdict on the evidence.
• Motion for a new trial (Rule 59), for errors in instructions or evidence, or a verdict against the great weight of the evidence. A court may also reduce excessive damages if the patent owner agrees.
• Equitable and post-trial issues decided by the judge: enhanced damages, attorney's fees, prejudgment and post-judgment interest, a permanent injunction or an ongoing royalty, and any equitable defenses tried to the bench. See Remedies.
• Judgment and appeal. The losing party may appeal to the Federal Circuit within 30 days after entry of judgment, and may ask the court to stay enforcement while posting a bond. See Appeals to the Federal Circuit.

Texas verdicts.

The Eastern District of Texas produces many of the largest patent verdicts in the country. In 2025, juries in Chief Judge Gilstrap's courtroom returned five verdicts totaling about $1.17 billion, ranging from $78.5 million to $445.5 million. Large verdicts are often reduced or set aside after trial or on appeal; the Federal Circuit's 2025 decisions in Optis (Eastern District) and EcoFactor (Western District) both ordered new trials.

Sources.

• U.S. Const. amend. VII.
• Fed. R. Civ. P. 50, 59; Fed. R. App. P. 4(a)(1)(A).
• Optis Cellular Tech., LLC v. Apple Inc., Nos. 2022-1904, -1925 (Fed. Cir. June 16, 2025).
• EcoFactor, Inc. v. Google LLC, No. 2023-1101 (Fed. Cir. May 21, 2025) (en banc).
• RPX, High Damage Awards in 2025: Judge Gilstrap's Courtroom in the Spotlight.

This guide is general information, not legal advice. Law checked through October 20, 2026. See the Disclaimer.