PHILLIP M. ADAMS & ASSOCIATES v. WINBOND ELECTRONICS CORPORATION
PHILLIP M. ADAMS & ASSOCIATES, LLC, a Utah Limited Liability Company, Plaintiff,
WINBOND ELECTRONICS CORPORATION, ASUS COMPUTER INTERNATIONAL, MICRO-STAR INTERNATIONAL CORP., LTD, AND MSI COMPUTER CORP., et al., Defendants.
Case No. 1:05-CV-64 TS.
United States District Court, D. Utah, Northern Division.
September 8, 2010.
MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT LIMITING DAMAGES
TED STEWART, District JudgeI. INTRODUCTION
ASUS and MSI joined former Defendant Sony's Motion for Partial Summary Judgment seeking to limit Plaintiff's damages on two grounds: first, because Plaintiff attempts to rely on the entire market value rule; second, because Plaintiff failed to comply with the marking requirement of 35 U.S.C. § 287(a). The Court finds that the first ground is moot because Plaintiff's expert on damages does not rely on the entire market value to determine damages. As to the second ground, the Court finds that the marking requirement does not apply on the facts proffered. Accordingly, the Court will deny the Motion.DISCUSSION AND CONCLUSIONS
A. Entire Market Value Rule
The Court need not go into detail about the entire market value rule because the parties agree that it does not apply. Briefly, the "entire market value rule allows for the recovery of damages based on the value of an entire apparatus containing several features, when the feature patented constitutes the basis for customer demand."1 "For the entire market value rule to apply, the patentee must prove that the patent-related feature is the basis for customer demand."2