Ongoing Royalty Applies Only to Accused Products Identified at Trial

Following a jury verdict of willful infringement, the court granted plaintiff's motion for an ongoing royalty, but only as to the accused products at trial. "⁠[Plaintiff] argues that it is 'entitled to an ongoing royalty for any [defendant] product that is not "colorably different" from the adjudicated infringing products.'. . . At this juncture, it would be inappropriate to expand the jury’s verdict to encompass not only products which were identified at trial but also products that were not previously accused of infringing or otherwise identified in this lawsuit. Such a result raises many concerns. If [plaintiff] believes that certain newly-released, unaccused products infringe its patents, it can seek appropriate relief as part of a new action."

Saint Lawrence Communications, LLC v. Motorola Mobility, LLC, 2-15-cv-00351 (TXED December 8, 2017, Order) (Gilstrap, USDJ)