Intellectual Property Law

Judge Farnan: Damages opinion

By Karen E. Keller, Andrew A. Lundgren et al.

Judge Farnan decided damages in the amount of $305,399 plus pre- and post-judgment interest in AU Optronics Corp. v. LG Display CO., et al., C.A. No. 07-357-JJF (D. Del. July 8, 2010). Judge Farnan found that AUO failed to establish that LGD willfully infringed, noting that since Seagate, there has been ?tension in the case law . . . concerning whether the Court should look to prelitigation conduct only and/or post-litigation conduct in determining whether infringement was willful.? Id. at 2. Judge Farnan analyzed the evidence focusing on ?prelitigation conduct of the accused infringer in the first instance? while taking into account ?whether the accused infringer maintained plausible or credible defenses to infringement and invalidity.? Id. at 3 (internal quotations omitted).

LG Display CO., Ltd. V. AU Optronics Corporation, et al., C.A. No. 06-726-JJF(D. Del. July 8, 2010)

Full post as published by Delaware IP Law Blog on July 12, 2010 (boomark / email).