EcoServices asserted two patents against Certified Aviation related to aircraft engine washing services. The jury found that Certified Aviation willfully infringed and awarded $1,949,600 in reasonable royalty damages. The Court ordered the parties to negotiate a post-trial royalty, and they agreed to $400 per wash.
Certified Aviation then moved the Court to vacate the entire verdict, including the damages award and post-trial royalty. Regarding the damages verdict, the Court rejected Certified’s arguments that EcoServices’ damages expert, Mr. Lettiere, (1) failed to apportion the damages award down to the value that the infringing features added and (2) relied on incomparable license agreements. Regarding the ongoing royalty, the Court rejected Certified’s argument that the royalty failed to account for the fact that one of the two patents-in-suit had expired. Certified had stipulated to the $400 rate, and Lettiere testified at trial that a $400 rate would be reasonable for the period after the first patent had expired, but the second patent still had life remaining.
The case is EcoServices, Inc. v. Certified Aviation Services, LLC, CV 16-01824-RSWL-SPx (C.D. Cal.)
Editors: Paul Stewart, Mark Kachner and Yanna S. Bouris
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