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Zynga Said It Would Appeal $44.9 Million IBM Patent Verdict

A jury’s reported $44.9 million verdict against Zynga was distinct from the court’s $40 million partial judgment for infringement of one IBM patent.
From TheFinanceBase Team2 min to read
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A jury found Zynga liable for infringing IBM patents and returned a reported $44.9 million verdict in September 2024. Take-Two, Zynga’s parent, said it would appeal, according to a report published four days later. The court’s partial judgment separately awarded IBM $40 million for infringement of one patent, making that figure distinct from the reported total verdict.

What the jury verdict covered

IBM sued Zynga in the U.S. District Court for the District of Delaware in case C.A. No. 22-590. On September 13, 2024, the jury returned a verdict reported as $44.9 million across two IBM patents. Engadget reported the total and said $40 million in recommended damages related to IBM’s U.S. Patent No. 7,072,849, described as a 1993 patent titled “Method for presenting advertising in an interactive service.” Engadget’s September 17, 2024 report.

Why the court record says $40 million

The District of Delaware’s partial judgment records infringement of claims 8 and 13 of U.S. Patent No. 7,072,849, finds that infringement willful, and awards IBM $40 million in damages for that patent. The court record in C.A. No. 22-590.

These figures describe different scopes: $44.9 million is the reported jury verdict across two patents; $40 million is the amount the partial judgment assigns to the ’849 patent. The partial judgment excerpt does not establish that the full $44.9 million was entered as a final judgment covering both patents. “Fine” is headline shorthand; the court record describes the $40 million as damages.

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Which Zynga games were named

The partial judgment lists games found to infringe the ’849 patent. They include Crosswords With Friends, CSR Racing 2, Empires & Puzzles, several FarmVille titles, Harry Potter: Puzzles & Spells, Hit It Rich!, and Wizard of Oz Slots. The finding concerns the listed games and patent claims; it should not be read as a finding that every Zynga game infringed.

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What was said about an appeal

Engadget reported on September 17, 2024, that a Take-Two representative said the company would appeal the verdict. That establishes an intention reported at the time—not that an appeal was subsequently filed, decided, or successful. The materials cited here do not establish a later appeal, settlement, payment, or other final procedural outcome, so the case’s current status should not be inferred from the 2024 report.

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