“Decisiveness” of Jury Verdict Warrants Higher Post-Verdict Ongoing Royalty Rate

The court granted plaintiff's motion for an ongoing royalty at a post-verdict rate of 8% (instead of the 9% rate requested by plaintiff) following a jury verdict awarding plaintiff a 6% royalty for past infringement. "The one persuasive argument that [plaintiff] makes is the parties’ relative bargaining positions post-verdict. . . . After an eleven-day trial, the jury returned a complete verdict for [plaintiff] in two and an half hours. Based on this decisiveness and the evidence offered at trial, the Court finds that [plaintiff] is in a stronger bargaining position than it was prior to the verdict. . . . The Court further finds that a 2% increase in the ongoing royalty rate adequately compensates [plaintiff] for the stronger bargaining position."

Syntrix Biosystems, Inc. v. Illumina Inc., 3-10-cv-05870 (WAWD June 18, 2013, Order) (Settle, J.).