Feb. 4, 2010
The Simon Law Firm Announces Enhanced Damages for Creative Internet Advertising Corp. in Suit Against Yahoo!
Yahoo! Inc. must pay a total of $12.4M in messenger program patent infringement case
St. Louis, MO – The Simon Law Firm announces that on Feb. 1 a federal judge awarded Acacia Research Corp. (Nasdaq: ACTG) subsidiary Creative Internet Advertising Corp., enhanced damages and prejudgment and postjudgment interest on a $6.8 million award in a patent infringement trial with Yahoo! Inc.
The civil suit, Creative Internet Advertising Corporation v. Yahoo! Inc., et al., cause no. 6:07cv354, pending in the U.S. District Court for the Eastern District of Texas, Tyler Division, alleges that Yahoo! Inc.’s messenger program with IMVironments infringed United States patent no. 6,205,432 (the “’432 patent”), both literally and under the Doctrine of Equivalents.
In May 2009 the jury awarded damages in the amount of $6,625,584. The jury also unanimously concluded that Yahoo! Inc.’s infringement of the ’432 patent was willful. Because infringing sales took place after the verdict date, CIAC was entitled to add $185,694, increasing the total damages to $6,811.278.
On Feb. 1, U.S. Magistrate Judge John D. Love concluded that Yahoo’s willful violation merited a two-thirds enhancement of the damages award, or $4,540,852, bringing the total damages to $11,352,130.
The court also concluded that CIAC was entitled to prejudgment interest in the amount of $1,110,161 and postjudgment interest.
The total award, excluding postjudgment interest, is $12,462,291.
CIAC was represented by Anthony G. Simon and Timothy E. Grochocinski of The Simon Law Firm, of St. Louis, and The Albritton Law Firm, of Longview, Texas.
The Simon Law Firm handles intellectual property, commercial and business litigation cases nationwide.
Anthony G. Simon