Tuesday, December 22, 2015

Jury Verdict Awarding $30 Million Reasonable Royalty Includes Damages for Ongoing Infringement

Following a jury verdict of $30 million the court denied plaintiff's motion for an ongoing royalty and accounting. "[T]he jury instructions were clear in providing [plaintiff] with complete relief from infringement. . . . The jury was instructed that, '[T]he damages you award must be adequate to compensate [plaintiff] for the infringement. . . . Your damages award, if you reach this issue, should put [plaintiff] in approximately the same financial position that it would have been in had the infringement not occurred.' In addition, question 2 on the verdict form indicated that the jury would be awarding damages in the amount of a reasonable royalty. The Court finds that an accounting and ongoing royalties would be inappropriate because the $30 million jury verdict represents the jury’s award of a reasonable royalty to compensate [plaintiff] for [defendant's] past, present, and ongoing infringement."

Prism Technologies, LLC v. Sprint Spectrum, LP, 8-12-cv-00123 (NED December 18, 2015, Order) (Strom, J.)

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