Apple challenges Taction’s $5.7B patent verdict over alleged ‘guesswork’

Apple has filed a motion seeking to overturn a jury verdict for Taction Technology in a patent case involving the haptic feedback system used in iPhones and Apple Watches. The jury previously ordered Apple to pay $5.7 billion.

Apple argues that Taction presented insufficient evidence to support any damages award. It says jurors were effectively asked to decide a reasonable royalty through speculation.

Damages analysis excluded

Apple says the court excluded Taction’s damages expert’s analysis before trial because of flaws in calculating royalties from an earlier licensing agreement. The expert was later barred from testifying.

The company also points to comments from the judge before the award was announced, saying he was unsure whether the figure on the verdict form reflected what the jury intended.

Apple challenges technical testing

Apple separately alleges that Taction technical expert Dr. Oliver used a testing method developed specifically for the lawsuit. Apple says the method measured how an electronic control system regulated vibrations rather than whether the underlying hardware met the patents’ requirements.

The patents describe technology intended to produce consistent vibrations across different frequencies. Apple says the Taptic Engine behaves differently, producing substantially stronger vibrations at some frequencies. The company adds that its own tests showed a peaked response rather than the highly damped output required by the court’s interpretation.

Request for reversal or retrial

Apple asks the court to rule that Taction is entitled to no damages and that Apple did not infringe the patents. Alternatively, it seeks a new trial covering infringement, patent validity and damages.

The verdict has not yet been formally entered as a final judgment. The court will decide whether to uphold the award, overturn the verdict or order a new trial.