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West Texas Jury Awards $229M in Patent Case 

July 16, 2026 Michelle Casady

Correction: A previous version of this story incorrectly identified the jurisdiction. The Lawbook regrets the error.

For infringing one patent held by Viasat that covers technology used in flash memory, jurors Thursday afternoon determined Kioxia owes $229 million in damages in the form of a running royalty. 

California-based Viasat, a global communications company, filed its lawsuit in November 2021 against Kioxia, a Japanese flash memory manufacturer. In the lawsuit, Viasat explained the named inventors were employees at the time the patent was filed for the technology that made flash memory less error-prone. 

“Viasat’s engineers designed an improved way to structure flash error correction, including a novel architecture and the ability to adapt to degradation in flash memory’s reliability,” the lawsuit reads.

Trial began July 13. Viasat rested July 14 and Kioxia followed July 15. The jury returned its verdict just before 3 p.m. today. The verdict form was concise, consisting of only two questions: Did Kioxia infringe? And if so, what amount of damages would compensate Viasat for the infringement?  

U.S. District Judge Alan D. Albright presided over the case. 

Viasat is represented by J. Scott McBride, Matthew R. Ford, Nevin M. Gewertz, Meg E. Faulo and Nosson D. Knobloch of Bartlit Beck and Melissa R. Smith of Gillam & Smith. 

Kioxia is represented by Roger Fulghum, Michael Hawes, Liz Flannery, Michael Silliman and Nolan McQueen of Baker Botts and Mark D. Siegmund of Cherry Johnson Siegmund James. 

The case number is 6:21-cv-01231. 

Michelle Casady

Michelle Casady is based in Houston and covers litigation and appeals — including trials, breaking news and industry trends — for The Texas Lawbook.

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