Presidio Components Inc v. American Technical Ceramics Corp

Filing 348

ORDER denying Presidio's 306 Motion for Permanent Injunction; granting in part and denying in part Presidio's 307 Motion for Post Trial Remedies; denying ATC's 308 Motion for Judgment as a Matter of Law or New Trial w/ respect to Presidio's False Marking before 10/24/2008; granting in part and denying in part ATC's 309 Motion for Judgment as a Matter of Law and for a New Trial; granting in part and denying in part ATC's 310 Motion for Entry of ATC's P roposed Findings of Fact and Conclusions of Law w/ respect to Presidio's Fines for False Marking; denying ATC's 311 Motion for Entry of ATC's Proposed Findings of Fact Reqarding Indefiniteness; denying ATC's 312 Motion for Ent ry ATC's Proposed Findings of Fact and Law Regarding Ineforceability of the '356 Patent for Inequitable Conduct. Presidio shall file a supplemental brief by 4/26/2010 on whether Court should allow the parties to negiotiate their own license agreement, or whether Court should impose a specific amount of "ongoing royalty". ATC shall file a response by 5/10/2010. Presidio shall file any reply by 5/17/2010. Court denies Presidio's request for enhanced damages and atty' s fees. Court grants Presidio's request for supplemental damages, and for award of pre-judgment and post-judgment interest and costs. Court orders ATC to provide an accounting for any sales of 545L capacitors occurring after 12/1/2009 by 5/10/20 10. Court awards Presidio pre-judgment interest in the amount of simple interest at 7% accruing from the date of the first infringement, which in this case is June 2006. Court awards Presidio post-judgment interest at the currently applicable ra te. Court finds Presidio committed 651,675 separate offenses between 10/24/2008 and April 2009 for the 651,675 BB capacitors shipped during that time and that the appropriate fine should be $0.35 per unit. Total amount of the fine for false marking is $228,086.25. Signed by Judge Irma E. Gonzalez on 4/13/2010. (jah)