RE: May 202326 Aug 2022 14:21
Here's the notes from the case a default judgment was made prior to a trial which was due in the December of the same year. For some reason ioxus just gave up, lost the case then sold out to xs batteries.
I don't see this happening with maxwell so if no deal is agreed it will drag on. I'm sure we'd all prefer an out of court settlement just to put this to bed and get the sp moving up to where it should be. Even a small damages award combined with protecting the IP would be a better outcome than months and months of uncertainty.
ORDER granting [85] Motion for Default Judgment in favor of Cap-XX, Ltd. against Ioxus, Inc. The Court: a. finding that Defendant is liable for infringing the patents-in-suit; b. awarding Plaintiff compensatory damages in the amount of $1,237,717.37 based on a reasonable royalty under 35 U.S.C. ? 284; c. awarding Plaintiff enhanced damages in the amount of $3,713,152.11 based on the trebling of Plaintiffs actual damages under 35 U.S.C. ? 284 for Defendant's willful infringement; d. finding that this case is "exceptional" and award Plaintiff its attorney fees under 35 U.S.C. ? 285; e. granting Plaintiff leave to submit a motion for attorney fees under Rule 54(d)(2) of the Federal Rules of Civil Procedure within fourteen (14) days of the Court's Entry of Default Judgment. (CASE CLOSED) Signed by Judge Colm F. Connolly on 8/5/2020.