Case 6:15-cv-00163-JDL Document 423 Filed 02/27/17 Page 1 of 5 PageID #: 18101
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`CHRIMAR SYSTEMS, INC., et al.,
`
`Plaintiffs,
`
`v.
`
`ALCATEL-LUCENT ENTERPRISE, USA, INC.,
`
`Defendant.
`
`6:15-CV-163-JDL
`
`FINAL JUDGMENT
`
`A jury trial regarding the claims of Plaintiffs Chrimar Systems, Inc. and Chrimar Holding
`
`Company (collectively, “Chrimar”) against Defendant ALE USA Inc. (“ALE”), and regarding
`
`ALE’s legal defenses and counterclaims, commenced on October 3, 2016. The jury returned its
`
`unanimous verdict on October 7, 2016. [ECF 349]. Based on the jury’s verdict, the entirety of the
`
`record available to the Court, and the Court’s rulings on the parties’ respective post-trial motions,
`
`the Court enters this Final Judgment fully and finally disposing of all claims by and between
`
`Chrimar and ALE.
`
`The Court ORDERS, ADJUDGES, DECREES, and DECLARES as follows:
`
` ALE stipulated that the accused PoE Products infringe the following claims, as
`
`construed by the Court, based on Chrimar’s PoE Standards compliance-based
`
`theory of infringement:
`o claims 31, 35, 43, and 60 (which depends from claim 59, across claims 31,
`
`35, and 43) of U.S. Patent Number 8,155,012 (“the ’012 Patent”);
`o claims 1, 5, 72, and 103 (across claims 1, 5, and 72) of U.S. Patent
`
`Number 8,942,107 (“the ’107 Patent”);
`
`– 1 –
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`CHRIMAR SYSTEMS, INC., et al.,
`
`Plaintiffs,
`
`v.
`
`ALCATEL-LUCENT ENTERPRISE, USA, INC.,
`
`Defendant.
`
`6:15-CV-163-JDL
`
`FINAL JUDGMENT
`
`A jury trial regarding the claims of Plaintiffs Chrimar Systems, Inc. and Chrimar Holding
`
`Company (collectively, “Chrimar”) against Defendant ALE USA Inc. (“ALE”), and regarding
`
`ALE’s legal defenses and counterclaims, commenced on October 3, 2016. The jury returned its
`
`unanimous verdict on October 7, 2016. [ECF 349]. Based on the jury’s verdict, the entirety of the
`
`record available to the Court, and the Court’s rulings on the parties’ respective post-trial motions,
`
`the Court enters this Final Judgment fully and finally disposing of all claims by and between
`
`Chrimar and ALE.
`
`The Court ORDERS, ADJUDGES, DECREES, and DECLARES as follows:
`
` ALE stipulated that the accused PoE Products infringe the following claims, as
`
`construed by the Court, based on Chrimar’s PoE Standards compliance-based
`
`theory of infringement:
`o claims 31, 35, 43, and 60 (which depends from claim 59, across claims 31,
`
`35, and 43) of U.S. Patent Number 8,155,012 (“the ’012 Patent”);
`o claims 1, 5, 72, and 103 (across claims 1, 5, and 72) of U.S. Patent
`
`Number 8,942,107 (“the ’107 Patent”);
`
`– 1 –
`
`
`
`Case 6:15-cv-00163-JDL Document 423 Filed 02/27/17 Page 2 of 5 PageID #: 18102
`
`o claims 1, 59, 69, 72 (across claims 1, 59, and 69), and 145 of U.S. Patent
`
`Number 8,902,760 (“the ’760 Patent”); and
`o claims 1, 7, and 26 of U.S. Patent Number 9,019,838 (“the ’838 Patent”).
`
` Consistent with the jury verdict, the following claims of the ’012 Patent, the ’107
`
`Patent, the ’760 Patent, and the ’838 Patent are not invalid, and they are
`
`enforceable:
`o claims 31, 35, 43, and 60 (which depends from claim 59, across claims 31,
`
`35, and 43) of the ’012 Patent;
`o claims 1, 5, 72, and 103 (across claims 1, 5, and 72) of the ’107 Patent;
`o claims 1, 59, 69, 72 (across claims 1, 59, and 69), and 145 the ’760 Patent;
`
`and
`o claims 1, 7, and 26 of the ’838 Patent.
`
` The Court awards actual damages to Chrimar for ALE’s infringement of the ’012
`
`Patent, the ’107 Patent, the ’760 Patent, and the ’838 Patent in the amount of
`
`$324,558.34 for damages as of September 30, 2016.
`
` Chrimar is further awarded pre-judgment interest on the actual damages found by
`
`the jury ($324.558.34), from the date of July 1, 2015 through the day before entry
`
`of this Final Judgment, calculated at the prime rate, compounded quarterly, in the
`
`amount of $18,918.98.
`
` Chrimar is awarded post-judgment interest on the actual damages, pre-judgment
`
`interest, and costs awarded herein, at the rate of 0.83%, compounded annually, as
`
`provided by 28 U.S.C. § 1961, from the date of entry of this Final Judgment
`
`– 2 –
`
`
`
`Case 6:15-cv-00163-JDL Document 423 Filed 02/27/17 Page 3 of 5 PageID #: 18103
`
`through the date upon which Chrimar receives from ALE full payment of the
`
`amounts ordered herein.
`
` The following terms have the following meanings:
`o The term “PoE Standards” shall mean the IEEE 802.3af standard, and any
`
`amendment to that standard that uses the same detection or classification
`
`protocols, and shall also specifically include the IEEE 802.3at standard,
`
`and any amendment to that standard that uses the same detection or
`
`classification protocols;
`o The term “PoE PDs” shall mean Powered Devices that implement the PoE
`
`Standard(s), including PoE wireless access points, VoIP phones, and IP
`
`cameras, and any other devices that are capable of automatically receiving
`
`operational power over an Ethernet network in compliance with the PoE
`
`Standard(s);
`o The term “PoE PSEs” shall mean Power Sourcing Equipment that
`
`implement the PoE Standard(s), including PoE switches, routers, hubs,
`
`and repeaters, and any other devices that are capable of automatically
`
`providing operational power over an Ethernet network in compliance with
`
`the PoE Standards;
`o The term “PoE Products” shall mean PoE PDs and PoE PSEs; and
`o The term “’012 Patent Excluded PDs” means the PoE Products identified
`
`in Exhibit A.
`
` Chrimar is further awarded — for so long as ALE’s infringement of the ’012
`
`Patent, the ’107 Patent, the ’760 Patent, and the ’838 Patent continues — post-
`
`– 3 –
`
`
`
`Case 6:15-cv-00163-JDL Document 423 Filed 02/27/17 Page 4 of 5 PageID #: 18104
`
`verdict ongoing royalties in the amount of $1.2067 per Power over Ethernet
`
`(“PoE”) port per PoE Product1 sold beginning on October 1, 2016, and
`
`continuing:
`o As to PoE PDs that are not ’012 Patent Excluded PDs, through March 4,
`
`2020 (the date of the expiration of the last to expire of the ’012, ’107, and
`
`’760 patents);
`o As to ’012 Patent Excluded PDs, through April 8, 2019 (the date of the
`
`expiration of the last to expire of the ’107 and ’760 patents); and
`o As to PoE PSEs, through April 8, 2019 (the date of the expiration of the
`
`last to expire of the ’838 and ’760 patents).
`
` All relief not granted in this Final Judgment is DENIED.
`
` All pending motions not previously resolved are DENIED.
`
` Chrimar is the prevailing party, and as the prevailing party, Chrimar shall recover
`
`its costs from ALE.
`
` This is a final judgment.
`
`So ORDERED and SIGNED this 27th day of February, 2017.
`
`1 For avoidance of doubt, in no event will there be more than one royalty assessed per PoE
`port.
`
`– 4 –
`
`
`
`Case 6:15-cv-00163-JDL Document 423 Filed 02/27/17 Page 5 of 5 PageID #: 18105
`
`Exhibit A – ’012 Patent Excluded PDs
`
`Alcatel-Lucent OmniAccess RAP3 (RAP-3WNP)
`Alcatel-Lucent OmniAccess AP41
`Alcatel-Lucent OmniAccess 100 Series RAP (OAW-RAP108, OAW-RAP108-US,
`OAWRAP109, OAW-RAP109-US)
`Alcatel-Lucent OmniAccess 175 series (OAW-IAP175P, OAW-AP175P, OAW-AP175POE,
`OAW-IAP175POE)
`Alcatel-Lucent OmniAccess RAP 155 series (OAW-RAP155P, OAW-RAP155P-US)
`Alcatel-Lucent OmniAccess 220 series (OAW-AP224, OAW-AP225, PoE injectors)
`Alcatel-Lucent OmniAccess 100 Series AP (OAW-AP105, OAW-IAP105, OAW-IAP104,
`OAW-AP104)
`Alcatel-Lucent OmniAccess 110 series AP (OAW-AP114, OAW-IAP114, OAW-IAP114-US,
`OAW-AP115, OAW-IAP115, OAW-IAP115-US)
`Alcatel-Lucent 8340 IP DECT AP
`Alcatel-Lucent 4080 IP DECT AP
`Alcatel-Lucent OmniAccess 90 series AP
`OAWIAP93, OAW-AP93H)
`Alcatel-Lucent OmniAccess 130 series AP (OAW-AP134, OAW-AP135)
`Alcatel-Lucent OmniAccess 103 series AP (OAW-AP-103, OAW-IAP-103-RW, OAW-IAP-
`103-US)
`Alcatel-Lucent OmniAccess 270 series (OAW-AP274, OAW-AP275)
`Alcatel-Lucent OmniTouch 4135 IP Phone
`Alcatel-Lucent 8002 & 8012 Deskphones
`Alcatel-Lucent 8 Series IP Touch Phones (4068; 4038, 4028; 4018, 4018EE, 4008, 4008EE)
`Alcatel-Lucent OmniTouch 8082 My IC Phone
`Alcatel-Lucent 8028, 8038, and 8068, 8068 Bluetooth, Premium Desk Phones
`Alcatel-Lucent 9363 Metro Cell Indoor V2 1900/850 MHZ
`Alcatel-Lucent 9364 Metro Cell Outdoor V2 1900/850 MHZ
`Alcatel-Lucent 9362 Enterprise Cell
`Alcatel-Lucent 9362 Enterprise Cell V2.2 2100 MHZ
`Alcatel-Lucent 7705 Service Aggregation Router (7705 SAR-H and relevant parts; 7705 SARHc
`and relevant parts; 7705 SAR-W)
`Alcatel-Lucent Indoor 802.11a/b/g/n Wireless Access Point Product Line (OAW-AP93H;
`OAW-AP68; OAW-AP68P; OAW-AP105; OAW-AP120; OAW-AP121; OAW-AP124;
`OAWAP125; OAW-AP134; OAW-AP135)
`
`(OAW-IAP92, OAW-AP92; OAW-AP93,
`
`– 5 –
`
`
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