ActiveVideo Awarded Supplemental Damages and Pre-Judgment and Post-Judgment Interest in Patent Infringement Suit
In a follow-up to the largest patent infringement verdict in Eastern District of Virginia history, ActiveVideo has been awarded supplemental damages of $17.4 million, pre-judgment interest of $6.6 million and post-judgment interest in an amount to be determined. ActiveVideo Networks, Inc. v. Verizon Comm’s., Inc., Case No. 2:10CV248, 2011 U.S. Dist. LEXIS 119001 (E.D. Va. Oct. 14, 2011) (Jackson, J.) (found here). Judge Jackson also denied Verizon Communications’ post-trial motions in two short orders found here and here.
With regard to damages, Judge Jackson ruled:
- That in addition to the jury award of $115 million, ActiveVideo was entitled to supplemental damages from April, 2011 to the date of judgment in August because Verizon had not produced data for this time period before trial.
- That ActiveVideo had not waived its request for supplemental damages by failing to request them before trial because such damages are a component of any request for compensatory damages.
- That under the Supreme Court’s decision in General Motors Corp. v. Devex Corp., 461 U.S. 648, 657 (1983), ActiveVideo was entitled to pre-judgment interest absent some justification for withholding such an award, such as an unreasonable delay in filing suit. Since Verizon’s laches claim had been denied, Judge Jackson held, there was no basis for a finding of unreasonable delay.
- That ActiveVideo was entitled to prejudgment interest from the date infringement began in 2006, compounded quarterly. It appears that the Court awarded interest on the entire damage award from the date infringement began, even though ActiveVideo’s damages accrued over the entire time period. Thus, ActiveVideo received interest on damages before some of those damages accrued;
- That the Court could determine ActiveVideo’s entitlement to post-judgment interest even though Verizon’s appeal was pending.
