Wednesday, July 3, 2013

Jury Verdict Awarding Lump Sum Royalties Precludes Ongoing Royalty

The court denied plaintiff's motion for an ongoing royalty following a jury trial. "[T]he foreman wrote '15,000,000.00 –> $15 MILLION' and underneath the blank line added 'LUMP SUM.' The Court finds that this is an express statement in the verdict that this is award is for a lump sum license. Throughout trial, 'lump sum' was consistently explained by both parties as providing a one-time, single payment for a license for the life of the patent. . . . [T]he fact that the jury specifically wrote that language underneath the $15 million amount emphasizes that the jury wanted to ensure their damages amount was clear."

Summit 6 LLC v. Research in Motion Corporation, et. al., 3-11-cv-00367 (TXND June 26, 2013, Order) (O'Connor, J.).

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