Plaintiff loses bid for sanctions and must pay costs of motion
Trueposition Inc. v. Andrew Corporation, Civ. No.05-747-SLR, May 4, 2010.
Robinson, J. Plaintiff’s motion for supplemental damages based on “previously undisclosed sales for pre-injunction activity and sanctions for post-injunction activity are denied.
The parties previously entered into a settlement agreement with a covenant not to sue with respect to E-911 geolocation. Defendant’s Geometrix geolocation product was later found to infringe plaintiff’s patent and the court entered a permanent injunction which did not address E-911. The court considered whether defendant disclosed control channel capability timely and prior to the accounting phase of this litigation. The court finds insufficient evidence of fraud or other misconduct which prevented plaintiff from pursuing its case. Plaintiff’s request for a contempt hearing for what are essentially new infringement claims strains the limited resources of the court and is denied. The court previously apprised counsel that costs would be imposed if it found the matters are not worthy of a contempt motion. Having determined that to be the case, defendant is entitled to costs in defending this motion.
