Invista North America S.A.R.I., et al. v. M&G USA Corporation, et al., C.A. No. 11-1007 - SLR, May 13, 2016.
Robinson, J. Plaintiff’s motion for reconsideration is denied.
Plaintiff’s motion is not directed at the court’s decision to stay an injunction but rather at the amount and manner of payment of the royalty rate to be paid by defendants pending the outcome of administrative proceedings. The parties had agreed on a lump sum payment of $556,000 for past infringement, or one cent per pound of the accused product sold. Plaintiffs now urge the court to award four cents per pound. The court did not intend its December 28, 2015 memorandum order to be the final word on damages and assumed that if the validity of the patent is preserved the parties would resolve the issue of future damages by settlement or litigation. The status quo is maintained in the meantime.