In denying defendants' motion for judgment as a matter of law on damages, the court upheld the jury's acceptance of plaintiff's "two-tiered" reasonable royalty analysis. "[T]he fact that Tier 1 royalties would exceed Defendants' actual world selling prices in some cases does not mandate a finding that the jury's verdict lacked evidentiary support. As explained above, in a world in which [plaintiff] would be the sole supplier, the but-for pricing would be higher because customers would be willing to pay a price consistent with the benefits of the technology. . . . [T]here was sufficient evidence for the jury to conclude that customers and Defendants would have accepted the price increases in a world without infringement, given the evidence related to the historical pricing and the value of the technology."
SynQor, Inc. v. Artesyn Technologies, Inc., et. al., 2-07-cv-00497 (TXED August 17, 2011, Order) (Ward, J.)
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