TecSec, Incorporated v. International Business Machines Corporation et al

Filing 1375

MEMORANDUM OPINION- For good cause shown, the Court heard oral argument and granted the Dkt. 1340 Defendant's Adobe Inc's. Motion for Judgment as a Matter of Law of No Willful Infringement. Signed by District Judge Liam O'Grady on 3/14/2019. (See order for further details). (acha, ) Modified on 3/15/2019 to upload correct order (acha, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

TecSec,Incorporated,

Plaintiff,
Civil Action No. l;10-cv-115

Hon. Liam G'Grady

V.

Adobe Inc.,et al..

Defendants.

MEMORANDUM OPINION

This matter comes before the Court on Defendant Adobe Inc.'s Motion for Judgment as a
Matter of Law of No Willful Infringement(Dkt. 1340). An opposition brief was filed and the
Court heard oral argument. The Court granted the Motion during trial for the reasons stated from
the bench and for good cause shown, and issued an Order to that effect. This Memorandum

Opinion follows to more fiilly explain the Court's reasoning for granting the Motion from the
bench.

Courts have the discretion to award up to treble damages in patent cases if the plaintiff

can prove willful infringement by a preponderance ofthe evidence. See 35 U.S.C. § 284(stating
that upon a finding of infringement,"the court may increase the damages up to three times");
Halo Elecs., Inc. v. Pulse Elecs., Inc., 136 S.Ct. 1923, 1934(2016)(holding that a preponderance
ofthe evidence standard governs the enhanced damages analysis). TecSec sought enhanced
damages in this case based solely on Adobe's post-suit conduct.

Before the Supreme Court's decision in Halo Electronics, enhanced damages could not
be awarded solely based on post-suit conduct under In re Seagate Technology, LLC. 497 F.3d