Patent Damages
26May/11Off

Cisco sued in separate lawsuit for damages post-verdict

Commil USA LLC has filed a second lawsuit in EDTX against Cisco concerning a wireless networking patent owned by Commil.  In a first EDTX suit between the parties, Commil obtained a $63M verdict against Cicso.  The $63M in damages covered the period up through the beginning of the trial—apparently through January 29, 2011.

In the new lawsuit, filed on May 25, Commil is seeking damages since January 29.

There are different avenues for obtaining post-verdict damages.  One way would be to have the plaintiff move for post-judgment royalties, which can be decided without a jury, but generally an evidentiary hearing may be conducted by the judge with live testimony. Alternatively, the court may direct the jury that decides pre-verdict royalties to also set a post-judgment royalty rate during the trial.

Another way, which may be favored by some judges, is to force the winning plaintiff to file a new suit—which is what Commil did here. In fact, in a telephone conference back in July of 2010, Judge Ward of EDTX stated that he would not decide future questions in a suit in which plaintiff obtained a verdict.  Instead, he indicated that he would direct the plaintiff to file a separate lawsuit and try only the issue of damages—though he also said he had not had such a trial in 11 years.

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