In a patent infringement action involving a technology relating to screen recognition and terminal emulation processes that download a screen of information from a remote mainframe computer onto a local personal computer, the decision of the district court is affirmed in part, reversed in part, vacated and remanded where: 1) district court's judgment that plaintiff's patent is valid and is infringed by defendant is affirmed; 2) district court's ruling that another of plaintiff's patents is not infringed is affirmed; 3) district court's imposition of sanctions under Rule 11 against plaintiff and its counsel is reversed; and 4) district court's award of damages of $506,305 for past infringement based on a hypothetical royalty of 12.5%, plus prejudgment interest is vacated and remanded for redetermination of damages.
Appealed from: United States District Court for the Southern District of New York
Decided February 5, 2010
Per Curium Opinion
For Appellant: Jeffrey I. Kaplan, Kaplan Gilman & Pergament LLP
For Appellee: James H Hulme, Arent Fox LLP