Double damages are awarded, but no attorneys' fees
Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C. A. No. 04-1371-LPS, January 18, 2011.
Stark, J. Defendant’s post-trial motion to amend findings of fact is denied; plaintiff’s motion to declare case exceptional and award attorneys’ fees and treble damages is granted in part and denied in part.
These parties have been litigating over 6 years. A jury decided infringement/willfulness; a second jury decided validity; the court decided the inequitable conduct defense; and the court held a second bench trial on willfulness after Seagate and found willful infringement. Every decision went against defendant. Defendant began ex parte reexam proceedings after trial and the court stayed injunction proceedings during the reexam. Defendant argues the willfulness opinion is defective in that it does not contain evidence in the findings of fact relating to the reexam. The court is convinced that the prior judge did consider the reexam but disagrees that there is a requirement to make specific reference of such in the willfulness opinion. The court considers the Read factors and determines that none weigh against enhanced damages. Nevertheless, the court is not convinced that the conduct was so egregious as to treble damages, and instead awards double damages. The court declines to award attorneys’ fees since it is not convinced defendants’ tactics amount to bad faith.
