Patent Damages

DUtah Uses Infringer's Profits to Compute Royalty; Comments on Obligation to Award Reasonable Royalty

On December 9, 2013, Judge Stewart of the District of Utah issued an order in Aqua Shield, Inc. v. Interpool Cover Team, Case No. 2:09-CV-13 TS (Doc. No. 178), granting in part and denying in part plaintiff’s Rule 59 motion to alter judgment.  The court held a bench trial on willfulness and damages and found that plaintiff was entitled to zero damages.  Plaintiff moved for relief from that decision, and the court granted the plaintiff’s motion to award reasonable royalty damages, which it based on the defendants’ net profit margin from the infringing sales.