Wednesday, August 24, 2011

Lump Sum Jury Award Precludes Ongoing Royalty for Future Infringement

Plaintiff's motion for an ongoing royalty following a jury award of a lump sum royalty was denied. "[T]he jury was not confused about the effect of its verdict in this case — the verdict clearly represents a lump sum award giving [defendant] a fully paid up license that covers all past and future use of the patented technology in [defendant's] products. The jury’s decision that an $8 million lump sum would adequately compensate for 'all . . . future sales of [defendant's] products,' in addition to past infringing sales, was, in effect, an advisory opinion with respect to prospective relief. . . . [T]he court accepts the jury’s finding. . . ."

Personal Audio, LLC v. Apple, Inc., et. al., 9-09-cv-00111 (TXED August 22, 2011, Order) (Clark, J.)

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