InterDigital Inc (IDCC)

[Ghors]

Zomby: A district court can award past damages, pre and post judgment interest, attorney's fees, enhanced damages up to treble for willful infringement post verdict and future running royalties. After E bay which eliminated the almost automatic injunctions, the courts began hearing evidence on future running royalties on infringing products in lieu of injunctions.

Also, after the Court issues it's final judgment, it can award infringement damages against other products manufactured after verdict so long as the product or alleged workaround is not colorably different from the infringing products made the subject of the original lawsuit. See the VHC and VRNG cases.

I understand why IDCC wanted to go to the ITC originally, but I hate the fact that we are stuck at the ITC and CAFC and did not earlier pursue at least some damage case not subject to the automatic stay.
Thank goodness ZTE and NOK may have screwed up in Delaware by seeking a FRAND determination and not just getting the stay.

While I could be most certainly in error we may not have heard a last attempt to get those Delaware trials stayed.


IMO ghors.