Tailwinds in District Court, Headwinds at the Federal Circuit, for XMO

Another Delaware jury has returned a verdict in favor of Express Mobile, Inc. (XMO), this one awarding the plaintiff $170M from defendant GoDaddy for the infringement of two patent claims, one from each of two “Web Design” patents. The jury characterized the infringement found as willful and found neither claim proven invalid at trial before Northern District of Illinois Judge Matthew Kennelly, sitting by designation. Last week, the Federal Circuit heard oral argument concerning judgments entered by Delaware District Judge Richard G. Andrews in an XMO case against Shopify. Those judgments overturned a $40M verdict returned by a jury in 2022, that case concerning XMO’s “Web Component” patents. These two jury verdicts are just the tip of the iceberg in this campaign, which has been active for over a decade now.