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

E.D. Tex.

Cummins-Allison Corp v. Shinwoo Information & Telecommunications Co., Ltd. et al, No. 9:07-cv-00196 (E.D. Tex. Nov. 3, 2008)

Granted
Court
U.S. District Court for the Eastern District of Texas, Lufkin Division
Case No.
No. 9:07-cv-00196, Dkt. No. 72
Decided
November 3, 2008
Judge
Ron Clark, J.
Document
Order
Docket Entry
ORDER regarding the court would consider submitting to the jury a question on future damages as stated herein
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.

Before the court are the parties’ responses to the court’s July 9, 2008 Order indicating it would consider submitting to the jury a question on future damages. Defendants have not responded. Plaintiff objects, asserting that because it is entitled to a permanent injunction if the jury finds infringement, submission of a question on a future royalty rate would confuse the jury, greatly increase the time and expense of trial preparation, and endanger its right to seek injunctive relief.