Avid Identifications Systems v. Phillips Electronics North America Corp et al, No. 2:04-cv-00183 (E.D. Tex. May 18, 2006)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Before the Court is Defendants Philips Semiconductors, Inc. and Philips Semiconductor Manufacturing, Inc.’s (collectively “Philips”) Motion for Summary Judgment Excluding Past Damages (#190). Philips argues that the Plaintiff AVID Identification Systems, Inc. (hereinafter “AVID”) has failed to prove substantial compliance with the marking requirement of 35 U.S.C. § 287(a). As result of AVID’s alleged lack of substantial compliance, Philips argues that AVID1 2 may not recover any damages for the time period before AVID filed the present lawsuit.