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Motion 792

Motion 792

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Published by PTSD_Trader
[PROPOSED] ORDER GRANTING PLAINTIFF I/P ENGINE, INC.’S MOTION FOR
AN AWARD OF PREJUDGMENT INTEREST, POST-JUDGMENT INTEREST, AND
SUPPLEMENTAL DAMAGES FOR DEFENDANTS’ POST-DISCOVERY/PREVERDICT
INFRINGEMENT
[PROPOSED] ORDER GRANTING PLAINTIFF I/P ENGINE, INC.’S MOTION FOR
AN AWARD OF PREJUDGMENT INTEREST, POST-JUDGMENT INTEREST, AND
SUPPLEMENTAL DAMAGES FOR DEFENDANTS’ POST-DISCOVERY/PREVERDICT
INFRINGEMENT

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Published by: PTSD_Trader on Dec 13, 2012
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08/09/2013

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Case 2:11-cv-00512-RAJ-TEM Document 792-1

Filed 11/09/12 Page 1 of 3 PageID# 20795

Exhibit 1

Case 2:11-cv-00512-RAJ-TEM Document 792-1

Filed 11/09/12 Page 2 of 3 PageID# 20796

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION __________________________________________ ) I/P ENGINE, INC., ) ) Plaintiff, ) v. ) Civ. Action No. 2:11-cv-512 ) AOL, INC. et al., ) ) Defendants. ) __________________________________________) [PROPOSED] ORDER GRANTING PLAINTIFF I/P ENGINE, INC.’S MOTION FOR AN AWARD OF PREJUDGMENT INTEREST, POST-JUDGMENT INTEREST, AND SUPPLEMENTAL DAMAGES FOR DEFENDANTS’ POST-DISCOVERY/PREVERDICT INFRINGEMENT This Court, having considered Plaintiff I/P Engine Inc.’s Motion For An Award Of Prejudgment Interest, Post-Judgment Interest And Damages For Defendants’ PostDiscovery/Pre-Verdict Infringement and supporting materials, hereby ORDERS that the motion is GRANTED as follows: (1) Prejudgment interest in the amount of $643,084, as calculated in Exhibit A to the Declaration of Stephen L. Becker, Ph.D., corresponding to interest at the prime rate compounded quarterly from September 15, 2011 through November 6, 2012; (2) Post-judgment interest calculated pursuant to 28 U.S.C. § 1961, including prejudgment interest and supplemental damages as determined; (3) Defendants are directed to provide I/P Engine with an accounting of their U.S. revenue attributable to the accused AdWords, AdSense For Search, and AdSense For Mobile Search systems for the period from October 1, 2012 through the date of judgment; and

DOCSNY-522056v1

Case 2:11-cv-00512-RAJ-TEM Document 792-1

Filed 11/09/12 Page 3 of 3 PageID# 20797

(4) I/P Engine shall be awarded supplemental damages for Defendants’ infringing revenues from October 1, 2012 through the date of judgment in accordance with calculation provided by I/P Engine at trial and as determined by the jury: the apportioned royalty base of 20.9% of the Defendants’ total U.S. revenue for the infringing sales multiplied by the royalty rate of 3.5%. IT IS SO ORDERED.

Dated: November ___, 2012

_________________________________ Raymond A. Jackson, United States District Judge United States District Court Eastern District of Virginia

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DOCSNY-522056v1

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