Judgment and injunction entered in Ariba v. Emptoris

Also this fall, a Lufkin jury in Judge Ron Clark's court returned a verdict for the plaintiff in Ariba v. Emptoris, 9:07cv0090-RHC.  The jury found infringement, but split on willfulness, finding one claim not, and one yes.  No on invalidity, and no on a question whether the plaintiff unreasonably delayed in filing suit.  Damages were $1.45 million for the first patent, $600,000 in past royalties, and an ongoing royalty of 1.5% of gross sales. Yes on a question that asked if the plaintiff properly marked.  Damages on the second patent were $2.27 million, $600,000 in past royalties and the same 1.5% ongoing royalty, plus yes on marked.
Readers may recall Judge Clark's prior order re: asking juries to provide ongoing royalty rates - but the issue won't be settled with this case.  In the judgment entered January 7 Judge Clark entered a permanent injunction along with an order that the defendants pay $4.982 million in damages, prejudgment interest of $207,000, and enhanced damages of $1.449 million (plus of course court costs and future interest at the current rate of .37%).
Of interest are provisions indicating that Emptoris is implementing a software patch that it appears may act as a "design-around" thus largely mooting both the injunction and the need for an ongoing royalty had the Court not entered an injunction.