Server Technology, Inc. v. American Power Conversion Corporation

Filing 653

ORDER of Amended Judgment (Ref 652 -1 Proposed Order). Clerk shall enter amended judgment in accordance with the terms of attached order. Signed by Judge Larry R. Hicks on 4/14/15. (Copies have been distributed pursuant to the NEF - JC)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

7
8
9 SERVER TECHNOLOGY, INC.,
a Nevada corporation,
10
Plaintiff,
11
v.
12
AMERICAN POWER CONVERSION
13 CORPORATION, a Massachusetts corporation,
14

Case No. 3:06-CV-00698-LRH-VPC
ORDER OF AMENDED JUDGMENT

Defendant.

15

This is a final order of amended judgment in this action.

16

1.

17

On August 8, 2014, the court entered an order directing the entry of judgment as

follows:
a.

18

In favor of plaintiff Server Technology, Inc. and against defendant

19

American Power Conversion Corp. on defendant’s obviousness and validity defense and on

20

defendant’s inequitable conduct defense and counterclaim, (Doc. #615); and
b.

21
22

In favor of plaintiff Server Technology, Inc. and against defendant

American Power Conversion Corp. consistent with the jury’s verdict (Doc. #590) in this action.
2.

23
24

(Doc. #614).

25

///

26

///

That same day, judgment was entered in accordance with the court’s order.

1

3.

Subsequently, on March 31, 2015, the court granted plaintiff’s motion for

2

supplemental damages and prejudgment interest, (Doc. #619), and plaintiff was given 10 days

3

after the entry of the order to prepare an appropriate order of supplemental damages and

4

prejudgment interest, (Doc. #615 (“March 31 Order”)). The court also gave the parties thirty

5

(30) days from entry of the March 31 Order to prepare and submit to the court for approval an

6

appropriate compulsory license of the patents-in-suit with an ongoing royalty rate of 15% from

7

the date of judgment. (Id.).

8
9
10

4.

Subsequently, on April 10, 2015, plaintiff submitted its response to the court’s

March 31 Order, in which it set forth the appropriate figures for (a) damages awarded by the
jury, (b) prejudgment interest on damages awarded by the jury, and (c) supplemental damages.

11

5.

12

Defendant does not contest these calculations, which are set forth below.
a.

Damages awarded by jury as reflected in
judgment (Docs. ## 590, 614)

$10,787,634

b.

Prejudgment interest on damages
awarded by the jury through the date of
judgment August 8, 2014 (at prime rate)

$1,397,437

c.

Supplemental damages on sales from
January 1, 2014 through the date of
judgment August 8, 2014 (at 5 percent)

d.

Total damages and prejudgment
interest

13
14
15
16
17
18

$854,810

$13,039,881

19

IT IS THEREFORE ORDERED that the Clerk of court shall enter an amended judgment

20

in favor of plaintiff Server Technology, Inc. and against defendant American Power Conversion

21

Corp. on defendant’s obviousness invalidity defense and defendant’s inequitable conduct defense

22

and counterclaim.

23

IT IS FURTHER ORDERED that the Clerk of Court shall also enter an amended

24

judgment in favor of plaintiff Server Technology, Inc. and against defendant American Power

25

Conversion Corp. in the amount of $13,039,881.

26

///
Page 2

1
2

IT IS FURTHER ORDERED that post-judgment interest shall accrue upon the amounts
set forth above at the statutory rate.

3
4

IT IS SO ORDERED.

5

Dated this 14th day April, 2015.

6
7

LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Page 3