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