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Re: jjff post# 423470

Tuesday, 09/18/2018 5:04:39 PM

Tuesday, September 18, 2018 5:04:39 PM

Post# of 432654
jjff: When the parties go back to Court to finalize the ZTE case, as part of any damage award amount, the Court can award what is called prejudgment interest.

"III. Calculating Prejudgment Interest
When calculating prejudgment interest, one must keep in mind its central purpose: “to compensate for the delay a patentee experiences in obtaining money he would have received sooner if no infringement had occurred.” Paper Converting Mach. Co. v. Magna-Graphics Corp., 745 F.2d 11, 23 (Fed. Cir. 1984). The prejudgment interest on a damages award “merely serves to make the patent owner whole, since his damages consist not only of the value of the royalty payments but also the foregone use of the money between the time of infringement and the date of the judgment.” General Motors Corp. v. Devex Corp., 461 U.S. at 655-56 (emphasis added)."

https://www.fr.com/services/litigation/patent/patent-damages/prejudgment-and-post-judgment-interest/

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