TecSec, Incorporated v. International Business Machines Corporation et al, No. 1:2010cv00115 - Document 1375 (E.D. Va. 2019)
Court Description: 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, ).
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TecSec, Incorporated v. International Business Machines Corporation et al Doc. 1375 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. ยง 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 Dockets.Justia.com
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