Thursday, August 2, 2018

Victory at Trial Does Not Justify Increase in Rate for Ongoing Royalty

Following a jury trial, the court partially granted plaintiff's motion for an ongoing royalty and awarded the same royalty rate imposed by the jury. "⁠[T]he Court refused to grant a preliminary injunction . . . finding that because [plaintiff] did not practice that patent, [it] could not show any irreparable harm. . . . [T]he Court is unwilling to award [plaintiff] a royalty enhancement predicated only upon its victory at trial. This is especially so because the hypothetical negotiation the Court must now envision mirrors the hypothetical negotiation the jury already considered in setting the $4-per-sale royalty rate which [plaintiff] seeks to enhance. . . . [Plaintiff] has not shown that a hypothetical negotiation conducted now should end any differently than the hypothetical negotiation envisioned by the jury in setting the rate originally."

The Chamberlain Group, Inc. v. Techtronic Industries Co., Ltd. et al, 1-16-cv-06097 (ILND July 31, 2018, Order) (Leinenweber, SJ)

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