Express Mobile Wins $170M Verdict Against GoDaddy

Case Background

Express Mobile, Inc., an inventor-owned technology company based in Novato, California, filed a patent infringement lawsuit against GoDaddy.com, LLC on October 11, 2019. The Plaintiff developed mobile app and website design platforms and held multiple patents related to browser-based website creation tools. Steve Rempell, the CEO and inventor behind the patent portfolio, brought over 50 years of technology experience to the company's intellectual property development.

GoDaddy, a Delaware limited liability company headquartered in Scottsdale, Arizona, operated as one of the largest website building and hosting service providers in the country. The company served millions of customers through its Website Builder and WordPress Website products, generating billions of dollars in annual revenue.

Cause

Express Mobile alleged that GoDaddy infringed five of its patents: U.S. Patent Nos. 6,546,397, 7,594,168, 9,063,755, 9,471,287, and 9,928,044. These patents covered browser-based website generation tools, systems for presenting information on mobile devices, methods for integrating widgets, and programming distribution technologies. The Plaintiff claimed GoDaddy's Website Builder and WordPress Website products utilized the patented technology without authorization.

Injury

Express Mobile asserted that GoDaddy's products allowed customers to select settings representing website elements, stored these settings in databases, and retrieved the information to generate websites. The Plaintiff argued this functionality directly copied its patented inventions. Express Mobile claimed the infringement caused ongoing financial harm and irreparable damage to its business interests.

Damages Sought

The Plaintiff sought monetary damages, a preliminary and permanent injunction against GoDaddy's continued use of the technology, enhanced damages for willful infringement, and attorney's fees under the exceptional case provision of federal patent law.

Key Arguments and Proceedings

Legal Representation

Plaintiff: Express Mobile, Inc.

·       Counsel for Plaintiff: Timothy Devlin | James R. Nuttall | Michael Dockterman | Tron Fu | Robert F. Kappers | Christopher A. Suarez | Candice J. Kwark | Daniel F. Gelwicks | John L. Abramic | Katherine H. Tellez

Defendant: GoDaddy.com, LLC

·       Counsel for Defendant: Beth Moskow-Schnoll | Brittany Giusini | W. LaCorte | Jonathon A. Talcott | Alan C Cardenas-Moreno | Andrea Stone | Andrew M. Hensley | Brian S.S. Auerbach | Brian W. LaCorte | Caryn C. Borg-Breen | Doyle S. Tuvesson | Kyle A. Ceuninck | Mitchell Turbenson | Richard W. Miller | Samhitha M. Medatia | Shaton C. Menzie | Brittany M. Giusini

Claims

Express Mobile claimed GoDaddy directly infringed multiple patent claims through its website building tools. The Plaintiff argued the '397 patent covered browser-based visual editing with selectable settings panels and virtual machine commands. The '168 patent addressed a build engine that created websites with styled objects stored in multidimensional database arrays. The Plaintiff also asserted claims under the '755, '287, and '044 patents related to mobile device content display and web service integration.

The Plaintiff further alleged induced and contributory infringement, claiming GoDaddy actively encouraged customers to use the infringing products through advertising, training materials, and support services. Express Mobile contended the infringement became willful after GoDaddy received notice letters in February 2013 and December 2018.

Defense

GoDaddy denied all infringement allegations and asserted multiple affirmative defenses. The company argued its products did not practice every element of the asserted patent claims. GoDaddy challenged the validity of the patents under multiple provisions of federal patent law, including arguments that the claims failed to meet patentability requirements for subject matter eligibility, novelty, non-obviousness, and adequate written description.

The Defendant raised prosecution history estoppel, arguing Express Mobile made statements during patent prosecution that limited the scope of its claims. GoDaddy also asserted defenses based on failure to mark products, statute of limitations, laches, and acquiescence. The company filed counterclaims seeking declaratory judgment of non-infringement and invalidity for all five patents.

Jury Verdict

On November 6, 2025, a jury in the District of Delaware returned a unanimous verdict largely in favor of Express Mobile. The trial proceeded on two of the original five patents: the '397 patent and the '168 patent.

Infringement Findings: The jury found GoDaddy infringed Claim 2 of the '397 patent and Claim 1 of the '168 patent.

Willfulness Determination: The jury determined GoDaddy willfully infringed Claim 2 of the '397 patent. However, the jury found the infringement of Claim 1 of the '168 patent was not willful.

Invalidity Defense: GoDaddy failed to prove by clear and convincing evidence that asserted claim was invalid. The jury rejected the invalidity defense for both the '397 patent and the '168 patent.

Damages Award: The jury awarded Express Mobile damages in the form of royalties over the life of the patents rather than an up-front lump sum. For infringement through December 2, 2019, the jury awarded $100,000.00. For the period between December 2, 2019 and December 6, 2022, the jury awarded an additional $70,000.00. The total damages award reached $170,000.00.

The verdict represented a significant victory for Express Mobile on the liability questions, though the damages award fell below what patent holders typically seek in technology infringement cases. The willfulness finding on the '397 patent could allow the Court to enhance damages up to three times the jury award in post-trial proceedings.

Court documents are available upon request at jurimatic@exlitem.com