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CORNELL UNIVERSITY v. HEWLETT-PACKARD CO.

No. 01-CV-1974.

609 F.Supp.2d 279 (2009)

CORNELL UNIVERSITY, a nonprofit New York corporation, and Cornell Research Foundation, Inc., a nonprofit New York corporation, Plaintiffs, v. HEWLETT-PACKARD COMPANY, a Delaware corporation, Defendant. Hewlett-Packard Company, a Delaware corporation, Counterclaimant, v. Cornell University, a nonprofit New York corporation, and Cornell Research Foundation, Inc., a nonprofit New York corporation, Counterdefendants.

United States District Court, N.D. New York.

March 30, 2009.

Attorney(s) appearing for the Case

Sidley Austin Brown & Wood, Bryan K. Anderson, Esq., of Counsel, David T. Miyamoto, Esq., of Counsel, Denise L. McKenzie, Esq., of Counsel, Edward G. Poplawski, Esq., of Counsel, Olivia M. Kim, Esq., of Counsel, Sandra S. Fujiyama, Esq., of Counsel, Los Angeles, CA and Cornell University, Office of Counsel, James J. Mingle, Esq., of Counsel, Nelson E. Roth, Esq., of Counsel, Valerie L. Cross, Esq., of Counsel, Ithaca, NY, for Plaintiffs/Counterdefendants.

DLA Piper, Rudnick, Gray Cary U.S. LLP, Erin P. Penning, Esq., of Counsel, John Allcock, Esq., of Counsel, Sean C. Cunningham, Esq., of Counsel, Arthur A. Wellman, Esq., of Counsel, Licia E. Vaughn, Esq., of Counsel, Stewart M. Brown, Esq., of Counsel, San Diego, CA and Harter, Secrest & Emery LP, Jerauld E. Brydges, Esq., Rochester, NY, and Fish, Richardson Law Firm, Barry K. Shelton, Esq., of Counsel, Austin, TE, Attorneys for Defendant/Counterclaimant.

AMENDED ORDER

RANDALL R. RADER, Circuit Judge, United States Court of Appeals for the Federal Circuit, sitting by designation.

This court conducted an eight-day jury trial running May 19-30, 2008, to determine the validity and infringement of U.S. Patent No. 4,807,115 (the '115 patent). Finding the '115 patent valid and infringed, the jury awarded damages of $184,044,048 to Cornell. The jury arrived at this award by applying a 0.8% royalty rate to a $23...

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