May 21, 2021

Patterson + Sheridan wins jury verdict in W.D. Tex., Waco Division

Congratulations to the Patterson + Sheridan litigation group who secured a jury verdict of willful patent infringement related to point-of-sale system technologies.

CloudofChange filed suit against NCR Corporation in August 2019 in the Western District of Texas, Waco Division, after sending a notice letter of the alleged infringement to NCR in 2018.

The verdict was announced on Thursday, May 20, 2021, following a three-day jury trial in the Western District of Texas where Judge Alan Albright presided. Judge Albright was the first federal judge to conduct an in-person jury patent infringement trial since the start of the COVID-19 pandemic. The jury awarded plaintiff CloudofChange, LLC actual damages of $13.2 million and further found that NCR’s infringement was willful.

Federal statute (35 U.S.C. § 284) states that when a party is awarded damages for willful infringement “the court may increase the damages up to three times the amount found or assessed” for the willful conduct. The determination of potential enhanced damages for willfulness is pending before the Court.

“We are thrilled to obtain this result for our client, CloudofChange, whose innovative POS systems led to this victory. This is an especially exciting result for the P+S litigation team, as we have been eager to get back in the courtroom, particularly in the Western District of Texas, Waco Division, where Judge Albright’s patent docket continues to grow. We are proud of the team’s hard work in achieving this tremendous success,” said founding Partner Todd Patterson of Patterson + Sheridan.

The litigation team was comprised of firm partners John Barr, Todd Patterson, Jay Yates, Abel Reyna, as well as Craig Depew, of counsel, and associates Edgar Gonzalez, Julie Patel, Kyrie Cameron, and Josh Park.

The case is CloudofChange LLC v. NCR Corporation, Case No. 6:19-cv-00513, in the United States District Court for the Western District of Texas, Waco Division.

Related Team:

Craig Depew

Senior Counsel

Abel Reyna


Jay Yates


Kyrie Cameron


B. Todd Patterson

Practice Head, Managing Partner