Recognicorp, LLC v. Data Design Interactive, LLC, No. 8:12-cv-1491-T-33TBM (M.D. Fla. April 16, 2013) (Dkt. No. 25).
Even when the Defendant is in default, damages can prove tricky. Here, the court refused to allow an ongoing royalty because Plaintiff’s proof was insufficient. However, Plaintiff was given an opportunity to provide additional documentation.
Plaintiff sought default judgment. Although the allegations in the complaint were adequate to establish infringement (Id. at *4), the court refused to allow an ongoing running royalty of 12% on all of Defendant’s sales based solely on one page of a PriceWaterhouseCoopers report entitled “Valuation of Intellectual Property Assets.” Id. at *6. The court directed Plaintiff to provide additional documentation for an ongoing royalty. Id.