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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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` VB ASSETS, LLC
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` Plaintiff,
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` v.
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` AMAZON.COM, INC., et al.,
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` Defendants.
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`C.A. No. 19-1410-MN
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`[PROPOSED] ORDER GRANTING PLAINTIFF VB ASSETS, LLC’S MOTIONS
`FOR AN ONGOING ROYALTY, PRE-JUDGMENT INTEREST,
`POST-JUDGMENT INTEREST, AND ENHANCED DAMAGES
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`Before the Court are Plaintiff VB Assets, LLC’s (“VB Assets”) Post-Trial Motions for
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`ongoing royalties, pre-judgment interest, post-judgment interest and enhanced damages.
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`Having considered the entire record in this action, the jury’s verdict, and the papers
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`submitted by the parties, and good cause having been shown,
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`IT IS HEREBY ORDERED that:
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`1.
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`VB Assets’s motion for ongoing patent infringement royalties is GRANTED.
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`Defendant Amazon.com Services LLC (“Amazon”) is ordered to pay ongoing royalties to VB
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`Assets, on a quarterly basis, at a rate of $0.40 per net new Alexa user for U.S. Patent No. 8,073,681
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`(“the ’681 Patent”); $0.22 per net new Alexa Shopping user for U.S. Patent Nos. 7,818,176 (“the
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`’176 Patent”) and 9,269,097 (“the ’097 Patent”); and $0.22 per net new Alexa Shopping purchaser
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`for U.S. Patent No. 9,626,703 (“the ’703 Patent”).
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`2.
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`VB Assets’s motion for pre-judgment interest is GRANTED. In the exercise of the
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`Court’s discretion, the Court awards VB Assets pre-judgment interest utilizing the prime rate,
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`compounded quarterly, on the total damages awarded, including enhanced damages.
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`Case 1:19-cv-01410-MN Document 300-1 Filed 12/06/23 Page 2 of 2 PageID #: 11176
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`3.
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`VB Assets’s motion for post-judgment interest is GRANTED. Pursuant to 28
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`U.S.C. § 1961, the Court awards VB Assets post-judgment interest on the total damages awarded,
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`including enhanced damages and pre-judgment interest.
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`4.
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`VB Assets’s motion for enhanced damages is GRANTED. In the Court’s
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`discretion, the Court increases the damages awarded by the jury for Defendant’s willful
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`infringement of the ’176, ’681, ’097, and ’703 Patents by 50%, i.e., from $46.7 to $70.05 million.
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`SO ORDERED this ______________, 2023
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`________________________
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`The Honorable Maryellen Noreika
`United States District Judge
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`2
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