Monday, January 24, 2011

Enhanced Damages Warranted Even Though Compensatory Damages Eliminated Infringer's Profits From Infringing Sales

In granting in part plaintiff's motion for enhanced damages, the court rejected defendant's argument that enhanced damages would cause severe prejudice because defendant's profits from the accused product were "not much more" that the awarded damages. "[Defendant's] contention that the $6 million of damages already awarded -- assuming that this amount represents [defendant's] entire profit it earned from infringing sales -- does not help it avoid an enhanced damages award. While the $6 million may compensate [plaintiff], it does not adequately punish [defendant]."

Power Integrations v. Fairchild Semicond., et. al., 1-04-cv-01371 (DED January 19, 2011, Order) (Stark, J.)

No comments: