Monday, August 15, 2011

Defendant's Disregard of Permanent Injunction Warrants Doubling of Sanctions Award to $1.2 Million

The magistrate judge recommended more than $1.2 million in contempt sanctions to reflect double damages for defendant's violation of a permanent injunction. "The language of the injunction is clear, and the injunction has yet to be modified by either this court or the Federal Circuit. Defendant argued for an injunction which did not reach offers to sell overseas, but the court did not adopt its position. Defendant then chose to disregard the plain text of the injunction and communicate with [a third party]. A month into those negotiations, defendant sought clarification and modification of the injunction in this court – yet proceeded to consummate [two third party] transactions without waiting for the court to rule on its motion. The court also recommends an award of attorney’s fees and costs."

August Technology Corporation v. Camtek, Ltd., 0-05-cv-01396 (MND August 11, 2011, Order) (Boylan, M.J.)

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