Legal Opinion

Cummins-Allison Corp. v. SBM CO., LTD.

District Court, E.D. Texas

Decided November 13, 2009No. Civil Action 9:07CV196PublishedCited by 2 opinions

1Opinion of the Court

ORDER Re: DAMAGES FOR POST-VERDICT SALES OF INFRINGING PRODUCTS *

RON CLARK, District Judge.

After considering the jury’s findings and ruling on the parties’ motions for judgment as a matter of law (“JMOL”), the court has, by contemporaneous orders, awarded the damages found by the jury for pretrial infringing conduct and entered a permanent injunction against Defendants to prevent future infringing conduct. As often happens, sales of infringing products were made between the date the verdict was received and the date the permanent injunction was entered.

The proper calculation of post-verdict…

2Cases cited17 opinions

  1. Ebay Inc. v. Mercexchange, L. L. C.Supreme Court of the United States · 2006
  2. Georgia-Pacific Corp. v. United States Plywood Corp.District Court, S.D. New York · 1970
  3. Ross-Simons of Warwick, Inc. v. Baccarat, Inc.Court of Appeals for the First Circuit · 1996
  4. Panduit Corp. v. Stahlin Bros. Fibre Works, Inc.Court of Appeals for the Sixth Circuit · 1978
  5. Almota Farmers Elevator & Warehouse Co. v. United StatesSupreme Court of the United States · 1973

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3Cited by2 opinions

  1. CREATIVE INTERNET ADVERTISING CORPORATION v. Yahoo! Inc.District Court, E.D. Texas · 2009
  2. Siemens Gamesa Renewable Energy A/S v. General Electric Co.District Court, D. Massachusetts · 2022

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