The court granted plaintiff's motion for an ongoing royalty, found that defendant's ongoing infringement was willful, and based on that finding, doubled the royalty rate for one product category. "[B]ecause the paramount determination is the egregiousness of [defendant's] conduct, the Court considers [defendant's] corporate attitude, which is reflected by its CEO's statement to a Chinese newspaper after the verdict in this case, which reads in part: 'The issue of patent infringement is being taken too seriously sometimes.' The Court finds that this statement by [defendant's] CEO shows [its] lack of respect for this Court and the jury's verdict. It is also an affront to the United States patent system -- a system of Constitutional origin. The Court, therefore, finds that this also warrants a strong enhancement because it further reflects the egregiousness of [defendant's] conduct. In accordance, the Court holds that the earlier calculated reasonable royalty rate of 0.75% should be doubled to account for enhancement due to willfulness."
Mondis Technology Ltd. v. Chimei InnoLux Corporation, et. al., 2-11-cv-00378 (TXED September 30, 2011, Order) (Ward, J.)
No comments:
Post a Comment