Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

E.D. Tex.

Avid Identifications Systems v. Phillips Electronics North America Corp et al, No. 2:04-cv-00183 (E.D. Tex. Mar. 25, 2008)

Granted in Part
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:04-cv-00183, Dkt. No. 430
Decided
March 25, 2008
Judge
See opinion
Document
Memorandum Opinion and Order
Docket Entry
MEMORANDUM OPINION and ORDER - the court denies Avids request for enhanced damages under both the Lanham Act and 35 U.S.C. § 284. The court also denies Avids request to declare this case exceptional and to award attorneys fees under both th…
Length
9 pages

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.

1. Introduction Pending before the court are Avid’s motion (#385) for attorneys’ fees and costs, Avid’s motion (#378) for enhanced damages, and Avid’s motion (#381) for permanent injunction. This memorandum opinion and order addresses these motions. 2. Factual Background At trial, Avid accused the defendants of unfair competition and false advertising in violation of Section 43(a)(1) of the Lanham Act, 1 as well as infringement of U.S. Patent Nos. 5,214,409 (“the ‘409 patent”), 5,499,017 (“the ‘017 patent”), and 5,235,326 (“the ‘326 patent”).