MARSHALL, Texas (CN) – A federal magistrate judge ordered Cisco Systems to pay Commil USA $10 million in prejudgment interest on top of a patent-infringement award of $63 million.
Commil USA accused Cisco Systems of infringing on its patent for Wireless Private Branch Exchange (WPBX) and Communicating Between Mobile Units and Base Stations. Commil filed suit against Cisco in federal court in Aug. 2007.
A jury initially awarded Commil $3 million for direct infringement in May 2010, but Commil failed to convince the same jury that Cisco induced infringement.
Commil later obtained a new trial in April 2011, and this time the jury agreed that Cisco had induced infringement, awarding Commil $63 million.
U.S. Magistrate Judge Charles Everingham IV issued a two-page amended final judgment on Wednesday, ordering Cisco to pay another $10 million in prejudgment interest and $17,000 for costs.
The judge noted in a 3-page order that Commil had neglected to submit a bill of costs showing which points the parties contested. This prompted the judge to eliminate the costs that Cisco had disputed.
Everingham instructed Commil to make its claims for future damages via a severed suit, allowing 14 days for Commil to file the new complaint. The judge turned down Cisco’s requests for a new trial.