Replies to post #19847 on XpresSpa Group Inc (XSPA)

[High_Profits]

[PROPOSED] ORDER GRANTING PLAINTIFF I/P ENGINE, INC.’S MOTION FOR
AN AWARD OF PREJUDGMENT INTEREST, POST-JUDGMENT INTEREST, AND
SUPPLEMENTAL DAMAGES FOR DEFENDANTS’ POST-DISCOVERY/PREVERDICT
INFRINGEMENT

This Court, having considered Plaintiff I/P Engine Inc.’s Motion For An Award Of
Prejudgment Interest, Post-Judgment Interest And Damages For Defendants’ Post-
Discovery/Pre-Verdict Infringement and supporting materials, hereby ORDERS that the motion
is GRANTED as follows:

(1) Prejudgment interest in the amount of $643,084, as calculated in Exhibit A to the
Declaration of Stephen L. Becker, Ph.D., corresponding to interest at the prime rate compounded
quarterly from September 15, 2011 through November 6, 2012;

(2) Post-judgment interest calculated pursuant to 28 U.S.C. § 1961, including
prejudgment interest and supplemental damages as determined;

(3) Defendants are directed to provide I/P Engine with an accounting of their U.S.
revenue attributable to the accused AdWords, AdSense For Search, and AdSense For Mobile
Search systems for the period from October 1, 2012 through the date of judgment; and
Case 2:11-cv-00512-RAJ-TEM Document 792-1 Filed 11/09/12 Page 2 of 3 PageID# 20796
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DOCSNY-522056v1

(4) I/P Engine shall be awarded supplemental damages for Defendants’ infringing
revenues from October 1, 2012 through the date of judgment in accordance with calculation
provided by I/P Engine at trial and as determined by the jury: the apportioned royalty base of
20.9% of the Defendants’ total U.S. revenue for the infringing sales multiplied by the royalty rate
of 3.5%.
IT IS SO ORDERED.

Dated: November ___, 2012 _________________________________

Raymond A. Jackson, United States District Judge
United States District Court
Eastern District of Virginia