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.)