GoDaddy has asked a Delaware federal court to throw out or reduce a $170 million jury verdict that found it willfully infringed website-building patents owned by Express Mobile Inc., calling the award legally flawed, as the patent owner seeks to more than double the damages to about $370 million.
In post-trial motions unsealed this week, GoDaddy argued that no reasonable jury could have concluded it infringed the patents, let alone did so willfully. The company is requesting a new trial or judgment as a matter of law, saying the evidence does not support liability and that the damages calculation fails to meet basic patent law standards.
The dispute centers on two Express Mobile patents covering technology used to create and generate websites. A jury in November found GoDaddy infringed both and awarded royalties totaling $170 million, including $100 million tied to earlier use and $70 million for later periods.
GoDaddy contends the verdict relied on what it described as circular expert testimony and an infringement theory that has already been rejected in related litigation. The company pointed to a recent Federal Circuit decision in a case involving Shopify and the same patents, arguing the ruling undercuts Express Mobile’s approach and supports overturning the verdict.
Express Mobile, meanwhile, is seeking additional compensation. The company asked the court to award nearly $87.4 million in prejudgment interest and to enhance damages by trebling a $100 million portion of the award, bringing the total request to roughly $370 million. It says the jury’s willfulness finding justifies increased damages.
According to Express Mobile, GoDaddy ignored the company’s patent rights for years and continued using the accused technology despite warnings. In court filings, it described GoDaddy’s conduct as deliberate and argued that stronger financial penalties are needed to reflect the seriousness of the infringement.
The patent owner also defended its damages model, saying it was backed by trial evidence that included revenue data, subscription figures, internal company records and expert testimony. It accused GoDaddy of attempting to relitigate issues already decided by the jury.
GoDaddy countered that the $170 million award already far exceeds the value of the patents, noting Express Mobile previously purchased the patents for about $400,000 and at one point tried to sell them for around $5 million. The company characterized any enhancement as an unwarranted windfall.
The case has a lengthy history. After an earlier ruling favored GoDaddy, the Federal Circuit revived Express Mobile’s claims, finding the lower court had misinterpreted the term “runtime engine” in the patents. The matter was then sent back for trial, leading to the jury’s verdict.
U.S. District Judge Matthew F. Kennelly will decide the post-trial motions, which could either uphold the verdict, reduce the damages or order a new trial.
