Finisar v. DirecTV enhanced damages ruling

Yesterday Judge Clark held a hearing on the issue of enhanced damages in the Finisar v. DirecTV case.  As readers may recall, the jury in that case found all the asserted claims of the patent in suit infringed, that the infringement was willful, and that the defendants had not shown by clear and convincing evidence that the asserted claims of the patent were invalid.  The jury awarded $78.9 million in damages, which was approximately 4% of what the plaintiff asked for, and about four times what the defendant claimed the damages would be if infringement were found.

Based on the jury's finding of willful infringement, Judge Clark enhanced the $78 million damages award by $25 million.  (To my knowledge he did not award Finisar attorney fees).  He denied the plaintiff's request for an injunction but ordered a a compulsory ongoing licensing fee of $1.60 per set top box for the duration of the patent (which expires in 2012).

The judge's ruling has not yet been committed to writing - as soon as it is, I will update this post if there are any other useful details.

Comments

[Shock and Awe]

Compulsory License?! In a patent case??? What happened to the right to exclude?