Baker Botts Wins Ruling Erasing $13.6 Million Damages Award Against Anker
Release
SAN FRANCISCO, September 30, 2026 – Baker Botts L.L.P., a leading international energy, technology, and life sciences law firm, helped secure a ruling for Anker Innovations Ltd. fully eliminating a $13,638,219 patent damages award.
The ruling follows a 2025 jury trial in Fundamental Innovation Systems International LLC v. Anker Innovations Ltd. Judge Richard Andrews granted Anker judgment as a matter of law on damages, reducing the jury’s award to zero. He also reversed the jury’s willfulness finding.
Baker Botts made apportionment the focus of Anker’s damages defense before trial and tested Fundamental’s proof in the courtroom. Partner Robert Benson developed the strategy and drafted motions challenging Fundamental’s damages theories. The team won a pretrial ruling granting its Daubert motion excluding Fundamental’s damages expert’s opinions based on his failure to apportion patents in comparable license agreements and the unreliability of his cost savings approach. As the lead trial lawyer, Partner Jeffrey Johnson cross-examined the expert and Fundamental’s principal fact witness on damages.
The court found that Fundamental had not shown how much of its proposed royalty was tied to the patented features of Anker’s products or to the four patents in the case. Without that proof, the $13,638,219 award was erased.
Orrick served as co-counsel and led the post-trial briefing.
“A jury can find infringement and still have no basis to award damages,” Johnson said. “The plaintiff had to show what value came from the patented features and the patents actually in this case. The court found that proof missing.”
Baker Botts Lawyers/Offices Involved:
Intellectual Property: Robert Benson (Partner, San Francisco); Jeffrey Johnson (Partner, Houston); Lindsay Volpenhein Cutie (Partner, Houston); Jennifer Carter (Senior Associate, Houston)
The ruling follows a 2025 jury trial in Fundamental Innovation Systems International LLC v. Anker Innovations Ltd. Judge Richard Andrews granted Anker judgment as a matter of law on damages, reducing the jury’s award to zero. He also reversed the jury’s willfulness finding.
Baker Botts made apportionment the focus of Anker’s damages defense before trial and tested Fundamental’s proof in the courtroom. Partner Robert Benson developed the strategy and drafted motions challenging Fundamental’s damages theories. The team won a pretrial ruling granting its Daubert motion excluding Fundamental’s damages expert’s opinions based on his failure to apportion patents in comparable license agreements and the unreliability of his cost savings approach. As the lead trial lawyer, Partner Jeffrey Johnson cross-examined the expert and Fundamental’s principal fact witness on damages.
The court found that Fundamental had not shown how much of its proposed royalty was tied to the patented features of Anker’s products or to the four patents in the case. Without that proof, the $13,638,219 award was erased.
Orrick served as co-counsel and led the post-trial briefing.
“A jury can find infringement and still have no basis to award damages,” Johnson said. “The plaintiff had to show what value came from the patented features and the patents actually in this case. The court found that proof missing.”
Baker Botts Lawyers/Offices Involved:
Intellectual Property: Robert Benson (Partner, San Francisco); Jeffrey Johnson (Partner, Houston); Lindsay Volpenhein Cutie (Partner, Houston); Jennifer Carter (Senior Associate, Houston)
ABOUT BAKER BOTTS L.L.P.
Baker Botts is an international law firm whose lawyers practice throughout a network of offices around the globe. Based on our experience and knowledge of our clients' industries, we are recognized as a leading firm in the energy, technology and life sciences sectors. Since 1840, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit bakerbotts.com.
