I/P Engine, Inc. v. AOL, Inc. et al

Filing 822

MOTION for an Award of Post-Judgment Royalties by I/P Engine, Inc.. (Attachments: # 1 Proposed Order)(Sherwood, Jeffrey)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION __________________________________________ ) ) ) Plaintiff, ) v. ) ) AOL, INC. et al., ) ) Defendants. ) __________________________________________) I/P ENGINE, INC., Civ. Action No. 2:11-cv-512 [PROPOSED] ORDER GRANTING PLAINTIFF I/P ENGINE, INC.’S MOTION FOR AN AWARD OF POST-JUDGMENT ROYALTIES This Court, having considered Plaintiff I/P Engine, Inc.’s Motion for An Award of PostJudgment Royalties, hereby ORDERS that the motion is GRANTED as follows: Defendants’ are hereby required to pay I/P Engine ongoing royalties computed on a base of 20.9% of Defendants’ U.S. AdWords revenues, at a running royalty rate of 7% of that base. Defendants shall pay ongoing royalties quarterly to I/P Engine in certified funds or by wire transfer, accompanied by a statement certifying under penalty of perjury the U.S. revenue attributable to Defendants’ use of AdWords in dollars and the calculation of the royalty amount. Defendants shall make such payment and provide the required statement to I/P Engine no later than 14 days after the end of each calendar quarter. If the payment is not timely made, Defendants shall pay a penalty consisting of 5% of the quarterly royalty owed, plus interest at the average prime interest rate, as reported by the Federal Reserve (consistent with I/P Engine’s prejudgment interest request). I/P Engine shall have the right to request audits of such revenue figures, by Defendants providing its records to I/P Engine’s designated auditor. So Ordered: Dated: December __, 2012 _________________________________ United States District Court Eastern District of Virginia 2

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