John Mezzalingua Associates, Inc v. Corning Gilbert Inc.

Filing 528

ORDER - That PPC is entitled to $1,607,844 in supplemental damages. That the supplemental damages award is doubled. That PPC is entitled to $10,423,628 in prejudgment interest. That the Clerk enter judgment for PPC consistent with this order, the court's November 3, 2016 Memorandum-Decision and Order (Dkt. No. 526), and the jury's July 23, 2015 verdict (Dkt. No. 358). Signed by Senior Judge Gary L. Sharpe on 11/18/2016. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
PPC BROADBAND, INC.,
Plaintiff,

5:11-cv-761
(GLS/DEP)

v.
CORNING OPTICAL
COMMUNICATIONS RF, LLC,
Defendant.
________________________________
ORDER
In its November 3, 2016 Memorandum-Decision and Order, the court
directed the parties to jointly calculate prejudgment interest consistent with
its order. (Dkt. No. 526 at 34.) In response, the parties submitted a joint
letter indicating that plaintiff PPC Broadband, Inc. is also entitled to
supplemental damages for the additional sales of the infringing products
sold from April 1, 2015 through December 18, 2015, in the amount of
$1,607,844. (Dkt. No. 527 at 1.) The court agrees. Therefore, the total
compensatory award is $25,457,844, reflecting the jury’s award and the
supplemental damages. The parties agree, and the court concurs, that
prejudgment interest on the total compensatory award is $10,423,628.
(Dkt. No. 527 at 1.)

The parties dispute whether PPC is entitled to double enhanced
damages on its supplemental award. (Id. at 1-2.) Finding no reason to
treat supplemental damages differently, the court, consistent with its prior
decision, also doubles the supplemental damages. See 35 U.S.C. § 284.
ACCORDINGLY, it is hereby
ORDERED that PPC is entitled to $1,607,844 in supplemental
damages; and it is further
ORDERED that the supplemental damages award is doubled; and it
is further
ORDERED that PPC is entitled to $10,423,628 in prejudgment
interest; and it is further
ORDERED that the Clerk enter judgment for PPC consistent with this
order, the court’s November 3, 2016 Memorandum-Decision and Order
(Dkt. No. 526), and the jury’s July 23, 2015 verdict (Dkt. No. 358); and it is
further
ORDERED that the Clerk provide a copy of this Order to the parties.
IT IS SO ORDERED.
November 18, 2016
Albany, New York
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