« Exhaustion | Main | The First Patent Office Building »
July 7, 2006
Willful TV
In
June, DirecTV got beamed
$78.9 million for infringing
5,404,505, a Finisar patent on digital
transmission. Now DirecTV has been found to have willfully infringed, adding $25
million to the tab, plus 6% interest since April 4, 1999 ($12m), and an ongoing
royalty of $1.60 per set-top box until the patent expires in 2012.
During trial, an expert estimated that DirecTV would sell 15 million set-top boxes in 2006. That's $24 million for one year of royalties.
This was another dust-up in the Eastern District of Texas.
Finisar had opted for a permanent injunction, foregoing the royalty, but that was denied. Out of judicial prudence, injunctions have lost favor since the Supreme Court eBay ruling. In a reversal of pre-eBay times, trial court judges may now more easily avoid appeals by denying injunctions than granting them.
Finisar had originally asked for $1.6 billion in damages.
After the June verdict, DirecTV swore to appeal. Today it was mum.
DirecTV is part of News Corporation's Fox Entertainment Group.
Posted by Patent Hawk at July 7, 2006 11:46 PM | Damages