After losing at the federal district and appellate court levels, Jacksonville-based ParkerVision Inc. is trying to take its patent infringement lawsuit against Qualcomm Inc. to the U.S. Supreme Court.
ParkerVision on Tuesday said it filed a petition for a Writ of Certiorari asking the high court to review the July decision of the U.S. Court of Appeals for the Federal Circuit that upheld a lower court’s verdict in favor of Qualcomm.
ParkerVision sued Qualcomm in 2011 alleging the San Diego-based company had illegally used wireless technology patented by ParkerVision in its products.
A jury in the Orlando Division of the U.S. District Court for the Middle District of Florida agreed with ParkerVision and ordered Qualcomm to pay $173 million in damages in 2013. However, U.S. District Judge Roy B. Dalton Jr. overturned that verdict in 2014.
ParkerVision then began the appeals process.
The company said in a news release Tuesday it is asking the Supreme Court to review “whether and under what circumstances an inconsistency in expert testimony permits a court to set aside a jury verdict and grant the losing party judgment as a matter of law.”
CEO Jeff Parker said in the release it’s an important question for the court to consider because it impacts all companies with patented technologies.
“The large number of jury verdicts reversed by the Federal Circuit in recent years contributes to an environment of uncertainty which threatens the future of innovation,” Parker said.
“We believe this is a critical issue in today’s patent environment, and the Supreme Court’s acceptance of our petition will be an indication that the highest court recognizes the importance of providing guidance on the appropriate role of the jury and the judge,” he said.