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`Case 6:21-cv-00569-ADA Document 310-1 Filed 10/28/24 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`TOUCHSTREAM TECHNOLOGIES, INC.
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`Plaintiff,
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`v.
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`GOOGLE, LLC.
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`Civil Case No. 6:21-cv-569-ADA
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`U.S. District Judge Alan Albright
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`Defendants.
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`[PROPOSED] FINAL JUDGMENT
`In accordance with the jury verdict and pursuant to Rule 54 and 58 of the Federal Rules of
`Civil Procedure, it is hereby ORDERED and ADJUDGED that:
`1. Defendant Google’s Motion for Judgment as a Matter of Law – Renewed 50(b) (ECF No.
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`275) is DENIED, as stated during the January 3, 2024 Post Trial Motions Hearing (ECF Nos. 298, 302),
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`the Court finding Touchstream’s arguments for denial persuasive.
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`2. Defendant Google’s Rule 59 Motion for a New Trial is DENIED, as stated during the January
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`3, 2024 Post Trial Motions Hearing (ECF Nos. 298, 302), the Court finding Touchstream’s arguments
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`for denial persuasive.
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`3. Defendant Google has infringed claims 1 and 2 of U.S. Patent No. 8,904,289 (the “’289
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`patent”).
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`4. Defendant Google has infringed claims 1 and 14 of U.S. Patent No. 8,782,528 (the “528
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`patent”).
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`5. Defendant Google has infringed claims 1 and 8 of U.S. Patent No. 8,356,251 (the “’251
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`patent”) (collectively, “the Asserted Claims of the Asserted Patents”).
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`1
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`Case 6:21-cv-00569-ADA Document 310-1 Filed 10/28/24 Page 2 of 3
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`6. Judgment is entered against Defendant Google on its affirmative defenses and counterclaims
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`of invalidity as to the Asserted Claims of the Asserted Patents.
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`7. The Court awards $338,760,000, the amount of the July 21, 2023 jury verdict in this case, to
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`Plaintiff Touchstream for Google’s infringement of the Asserted Claims of the Asserted Patents through
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`the date of the jury’s July 21, 2023 verdict. (ECF No. 247).
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`8. The Court awards supplemental damages to Touchstream for infringing devices activated
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`after the close of discovery on October 9, 2022 through the entry of Final Judgment, finding these were
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`not included in the jury’s July 21, 2023 verdict, at the following royalty rates requested by Touchstream
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`based on the July 21, 2023 jury verdict: $5.53 per Chromecast Dongle; $2.76 per Google Chromecast-
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`enabled Device; and $1.38 per Third-Party Chromecast-enabled Device. (See ECF No. 274 at 5). Google
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`shall provide Touchstream an accounting of these supplemental damages within 14 days after entry of
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`Final Judgment.
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`9. The Court awards Touchstream, in lieu of an injunction, an ongoing royalty for Google’s
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`continued infringement following judgment through the expiration of the Asserted Patents at the
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`following royalty rates requested by Touchstream, based on the July 21, 2023 jury verdict at an
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`increased rate to account for post-verdict conditions such as improvements to Touchstream’s bargaining
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`position: $8.30 per Chromecast Dongle; $4.14 per Google Chromecast-enabled Device; and $2.07 per
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`Third-Party Chromecast-enabled Device. (See ECF No. 274 at 11). These ongoing royalty payments
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`shall be assessed on a quarterly basis.
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`10. Pursuant to 35 U.S.C. § 284, the Court awards Touchstream prejudgment interest as
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`requested by Touchstream, in the amount of $81,617,054 for the period from June 4, 2015 to August 23,
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`2024. (See ECF No. 274 at 19).
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`11. Pursuant to 35 U.S.C. § 284, the Court awards Touchstream prejudgment interest on
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`supplemental damages covering Google’s infringement from October 9, 2022 through entry of Final
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`2
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`Case 6:21-cv-00569-ADA Document 310-1 Filed 10/28/24 Page 3 of 3
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`Judgment, at the prime rate, compounded annually, as requested by Touchstream (See ECF No. 274 at
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`19);
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`12. Pursuant to 35 U.S.C. § 1961, the Court awards Touchstream postjudgment interest
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`applicable to all sums awarded, using the 1-year constant maturity rate of 5.37%, from August 24, 2024
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`until the date of payment by Google, as requested by Touchstream (See ECF No. 274 at 20; see also
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`ECF No. 274-12 at ¶ 19).
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`SIGNED on
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`, 2024.
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`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`3
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