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Sorey & Gilliland Partner Derek Gilliland Provides Expertise in Texas Lawbook Article on the Lessons Learned from VLSI v. Intel Trial

Texas Lawbook has featured Sorey & Gilliland Partner Derek Gilliland in an article highlighting the biggest takeaways from the closely watched VLSI v. Intel Trial in Waco. In the article, “IP Experts Examine VLSI v. Intel Trial: ‘Waco Jurors are not Afraid to Award Large Damages’” (subscription required), Mr. Gilliland provided expert analysis and observations regarding the six-day trial.

Mr. Gilliland, who was inside the Waco courtroom for opening statements and first witness testimony, followed the trial closely. His Texas Lawbook analysis took note of the headline-grabbing $2.175 billion judgment in VLSI’s favor and what it means about Waco juries.

“The main takeaway to me is that Waco juries are extremely diverse,” Mr. Gilliland told Texas Lawbook. “So general assumptions such as ‘they are too conservative to award big damages’ are just not true. Waco is a place that can return very large verdicts if the case justifies it.”

Texas Lawbook also asked about the damages awarded to VLSI and the model VLSI presented at trial. Mr. Gilliland said the tactic is sure to be scrutinized.

“One of the points Intel made was that Plaintiffs’ damage model was a creature of litigation and had never been used in ‘real world’ licensing negotiation,” he said. “While much of the testimony regarding damages was presented under seal, it appears to have been a somewhat creative approach using hedonic regressions to reach a more scientific number. I am certain that given the amount of the verdict, the damage model will be scrutinized closely on appeal.”

Mr. Gilliland also weighed in on Judge Alan Albright and his handling of the trial, which was only the second jury trial held in his court. “He was considerate of the lawyers and the jurors throughout the trial when it came to starting each morning and stopping testimony each afternoon. That is a common trait of Judge Albright,” he said.

Derek Gilliland is a veteran trial lawyer with offices in Waco and Longview. To schedule an appointment, contact our firm today.