Tuesday, November 3, 2009

Infringing Sales Following Jury Verdict of Infringement Warrant Enhanced Damages

The court granted plaintiff's motion for enhanced damages for sales of infringing products occurring between the jury's verdict of infringement and entry of a permanent injunction. "The weight of the evidence supporting the jury verdict for [plaintiff] . . . the lack of evidence to support a finding of invalidity, the fact that the jury found against Defendants on this issue, and the deferential standard of review applied to a jury verdict, establish an objectively high likelihood that even after any appeals are concluded, sales of the accused products will constitute infringement of one or more valid claims. . . . The court further finds . . . that the $400.00 per unit reasonable royalty found by the jury should be enhanced to $500.00 per unit for sales of infringing products occurring between trial and the date the injunction is entered."

Cummins-Allison Corp. v. Shinwoo Information & Telecomm. Co., Ltd. et al.,

9-07-cv-00196 (TXED October 30, 2009, Order) (Clark, J.)

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