Ateliers De La Haute-Garonne, et al. v. Broetje Automation-USA Inc. et alC.A. No. 09-598-LPS, March 30, 2015

Stark, C.J.  Plaintiff’s motion for attorneys’ fees is denied. Defendant’s motion for JMOL is granted in part and denied in part. Plaintiff’s motion to alter or amend judgment is granted in part and denied in part. Argument on the motions took place on September 15, 2015.

Following a 5-day trial in April, 2014, the jury found the asserted patents valid and infringed.  It found intentional trade dress infringement making defendant liable for unfair competition.  It also found defendant interfered with plaintiff’s prospective economic advantage under California law. It awarded $2,099,943 compensatory damages for patent infringement, $6 million compensatory damages for trade dress infringement, unfair competition and IIEPA, and an additional $6 million of punitive damages. The court granted defendant’s motion regarding no willful patent and trade dress infringement because defendant relied on reasonable defenses. It further granted defendant’s motion regarding interference with prospective economic advantage because of the absence of proof of intent, and its motion for no punitive damages.  The court finds this was not an exceptional case and declines to award attorney fees.  The court Grants in part plaintiff’s motion to alter the judgment. It awards pre-judgment interest at the prime rate, compounded quarterly from the date of first infringement through the date of judgment. It exercises its discretion and  does not award prejudgment interest for trade dress infringement  in the absence of a statute requiring such an award. Post judgment interest is mandatory for all damages awarded. The court declines to enter a permanent injunction.