Pact XPP Technologies, AG v. Xilinx, Inc.,, No. 2:13-cv-00691 (E.D. Tex. Sept. 4, 2013)

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 Plaintiff’s Motion for an Ongoing Royalty and Supplemental Damages (Dkt. No. 404). PACT argues that it is entitled to an ongoing royalty for Xilinx’s and Avnet’s ongoing infringement of the asserted pa tents in lieu of a pe rmanent injunction. The Federal Circuit has encouraged courts to al low the parties to negotiate a license amongst themselves regarding the future use of a pate nted technology prior to the court imposing a royalty. See Paice LLC v. Toyota Motor Corp. , 504 F.3d 1293, 1315 (Fed. Cir. 2007); Telecordia Techs., Inc.