`Case 6:15-cv-00163-JDL Document 481 Filed 08/24/18 Page 1 of 4 PageID #: 19149
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`CIVIL ACTION NO. 6:15-CV-00163-JDL
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`CHRIMAR SYSTEMS, INC., CHRIMAR
`HOLDING COMPANY, LLC,
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`v.
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`ALCATEL-LUCENT ENTERPRISE USA
`INC.,
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`Plaintiffs,
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`Defendant.
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`AMENDED FINAL JUDGMENT
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`A jury trial regarding the claims of Plaintiffs Chrimar Systems, Inc. and Chrimar Holding
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`Company (collectively, “Chrimar”) against Defendant ALE USA Inc. (“ALE”), and regarding
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`ALE’s legal defenses and counterclaims, commenced on October 3, 2016. The jury returned its
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`unanimous verdict on October 7, 2016. (Doc. No. 349). The Court ruled on the parties’ post-trial
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`motions and ultimately entered a final judgment in this matter in accordance with the jury’s verdict.
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`(Doc. No. 423). ALE and Chrimar appealed certain issues to the Federal Circuit. The Federal
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`Circuit rejected the claim construction of the term “adapted” as set forth in claim 31 of the ’012
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`Patent but otherwise affirmed the verdict in its entirety, including the infringement damages award,
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`the Court’s ruling on fees, and the fraud judgment. (Doc. No. 463). The only issue remanded to
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`this Court was ALE’s liability as to Claim 31 of the ’012 Patent based on a revised construction
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`of the claim term “adapted” found therein. Upon remand, Chrimar moved to dismiss the ’012
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`Patent from this action and provided ALE with a covenant not to sue on the ’012 Patent. (Doc.
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`No. 469.) The Court subsequently granted Chrimar’s Motion to Dismiss, which resolved the only
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`remaining issue. (Doc. No. 476.) The Court also denied reconsideration of this ruling.
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`– 1 –
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`Case 6:15-cv-00163-JDL Document 481 Filed 08/24/18 Page 2 of 4 PageID #: 19150
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`Based on the jury’s verdict, the entirety of the record available to the Court, the Court’s
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`rulings on the parties’ respective post-trial motions, and the Federal Circuit’s opinion, the Court
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`enters this Amended Final Judgment fully and finally disposing of all claims by and between
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`Chrimar and ALE.
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`The Court ORDERS, ADJUDGES, DECREES, and DECLARES as follows:
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` ALE stipulated that the accused PoE Products infringe the following claims, as
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`construed by the Court, based on Chrimar’s PoE Standards compliance-based
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`theory of infringement:
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`o claims 1, 5, 72, and 103 (across claims 1, 5, and 72) of U.S. Patent Number
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`8,942,107 (“the ’107 Patent”);
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`o claims 1, 59, 69, 72 (across claims 1, 59, and 69), and 145 of U.S. Patent
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`Number 8,902,760 (“the ’760 Patent”); and
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`o claims 1, 7, and 26 of U.S. Patent Number 9,019,838 (“the ’838 Patent”).
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` Consistent with the jury’s verdict, ALE did not meet its burden of proof with respect
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`to invalidity and unenforceability for the following patent claims:
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`o claims 1, 5, 72, and 103 (across claims 1, 5, and 72) of the ’107 Patent;
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`o claims 1, 59, 69, 72 (across claims 1, 59, and 69), and 145 the ’760 Patent;
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`and
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`o claims 1, 7, and 26 of the ’838 Patent.
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` The Court awards actual damages to Chrimar for ALE’s infringement of the ’107
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`Patent, the ’760 Patent, and the ’838 Patent in the amount of $324,558.34 for
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`damages as of September 30, 2016.
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` Chrimar is further awarded pre-judgment interest on the actual damages found by
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`the jury ($324.558.34), from the date of July 1, 2015 through the day before entry
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`– 2 –
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`Case 6:15-cv-00163-JDL Document 481 Filed 08/24/18 Page 3 of 4 PageID #: 19151
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`of the Final Judgment (Doc. No. 423), calculated at the prime rate, compounded
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`quarterly, in the amount of $18,918.98.
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` Chrimar is awarded post-judgment interest on the actual damages, pre-judgment
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`interest, and costs awarded herein, at the rate of 0.83%, compounded annually, as
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`provided by 28 U.S.C. § 1961, from the date of entry of the Final Judgment (Doc.
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`No. 423) through the date upon which Chrimar receives from ALE full payment of
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`the amounts ordered herein.
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` The following terms have the following meanings:
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`o The term “PoE Standards” shall mean the IEEE 802.3af standard, and any
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`amendment to that standard that uses the same detection or classification
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`protocols, and shall also specifically include the IEEE 802.3at standard, and
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`any amendment to that standard that uses the same detection or
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`classification protocols;
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`o The term “PoE PDs” shall mean Powered Devices that implement the PoE
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`Standard(s), including PoE wireless access points, VoIP phones, and IP
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`cameras, and any other devices that are capable of automatically receiving
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`operational power over an Ethernet network in compliance with the PoE
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`Standard(s);
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`o The term “PoE PSEs” shall mean Power Sourcing Equipment that
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`implement the PoE Standard(s), including PoE switches, routers, hubs, and
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`repeaters, and any other devices that are capable of automatically providing
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`operational power over an Ethernet network in compliance with the PoE
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`Standards;
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`o The term “PoE Products” shall mean PoE PDs and PoE PSEs; and
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` Chrimar is further awarded — for so long as ALE’s infringement of the ’107 Patent,
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`– 3 –
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`Case 6:15-cv-00163-JDL Document 481 Filed 08/24/18 Page 4 of 4 PageID #: 19152
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`the ’760 Patent, and the ’838 Patent continues — post-verdict ongoing royalties in
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`the amount of $1.2067 per Power over Ethernet (“PoE”) port per PoE Product1 sold
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`beginning on October 1, 2016, and continuing:
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`o As to PDs, through April 8, 2019 (the date of the expiration of the last to
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`expire of the ’107 and ’760 patents); and
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`o As to PoE PSEs, through April 8, 2019 (the date of the expiration of the last
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`to expire of the ’838 and ’760 patents).
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` All relief not granted in this Final Judgment is DENIED.
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` All pending motions not previously resolved are DENIED.
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` Chrimar is the prevailing party, and as the prevailing party, Chrimar shall recover
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`its costs from ALE in the amount of $100,020.58 (Doc. No. 442).
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` This is a final judgment.
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`So ORDERED and SIGNED this 24th day of August, 2018.
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`1 For avoidance of doubt, in no event will there be more than one royalty assessed per PoE
`port.
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`– 4 –
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