JMOL and new trial were denied as the court awarded enhanced damages
IMX, Inc. v. LendingTree, LLC, No. 03-1067-SLR, Jan. 10, 2007.
Robinson, J. Defendant’s motion for JMOL and new trial was denied. Plaintiff’s motion for enhanced damages was granted. Plaintiff’s motion for a permanent injunction was denied with leave to supplement briefing.
The technology involves a method and system for making loans in real time. Defendant did not waive the right to file a JMOL motion by not moving at the close of plaintiff’s case. Sufficient evidence supported jury’s verdict of willful infringement and no invalidity. Three of the Read factors weigh in favor of enhanced damages in the amount of actual damages plus fifty percent. The infringement issue was close and litigation conduct did not support attorneys fees award based on exceptional case. A permanent injunction is denied for failure to address eBay factors. Plaintiff may supplement briefing accordingly. Prejudgment interest on jury award is allowed at the prime rate compounded quarterly. Post judgment interest allowed at a rate equal to weekly average 1-year constant maturity Treasury yield.
A copy of the full opinion is available here.
