Brian Gilchrist and Ryan Santurri secured an award of damages and attorneys’ fees for client Omega Patents LLC in vehicle tracking patent suit

A Florida federal judge on Wednesday tacked another $12 million in damages and attorneys’ fees onto a $3 million jury award for Omega Patents LLC after finding that wireless communications manufacturer CalAmp Corp. infringed several patents covering vehicle tracking technology.

From Law360—

U.S. District Judge Paul G. Byron said he deemed this an “exceptional case” that warrants trebling the damages awarded by the jury in February 2016 to $8,925,600. He added on $4.8 million in supplemental damages for sales from the date of the verdict to April 5, 2017, prejudgment interest of $302 per day from the date of the verdict to the present, and $1.1 million in attorneys’ fees and costs, for a total of $15,004,295.

The jury’s verdict, delivered Feb. 24, 2016, after a seven-day trial, found that Omega sufficiently proved that each of CalAmp’s accused products flouted four Omega patents, each of which the jury found were not proven to be invalid.

The jury also determined that CalAmp, a California-based wireless communications product manufacturer, acted despite an objectively high likelihood that it was infringing, and that CalAmp either knew or should have known about that likelihood.

As to the validity issue, the jury indicated that three factors that generally indicate a patent is not obvious were established by the evidence in the case: The accused products covered by the asserted claims were commercially successful due to the merits of the claimed invention, the claimed invention was copied by others, and other entities licensed the patents.

Omega is the owner of the patent rights to technology invented by Kenneth E. Flick, who is the named inventor for each of the patents asserted against CalAmp.

The dispute began in December 2013 when Omega launched its suit alleging that various CalAmp vehicle tracking products flouted five Omega patents. Four of those patents — U.S. Patent Numbers 6,346,876; 6,756,885; 7,671,727 and 8,032,278 — ultimately made it to trial.

CalAmp responded by launching counterclaims alleging that the patents asserted by Omega are invalid and are otherwise unenforceable due to inequitable conduct by Omega, which CalAmp claims didn’t fully disclose all relevant prior art to the U.S. Patent and Trademark Office while prosecuting the patents.

In December 2015, Judge Byron granted Omega summary judgment on the unenforceability counterclaim after concluding that CalAmp didn’t establish inequitable conduct by clear and convincing evidence.

Attorneys for the parties could not immediately be reached for comment Wednesday.

The patents-in-suit are U.S. Patent Numbers 6,346,876; 6,756,885; 7,671,727 and 8,032,278.

Omega is represented by Brian R. Gilchrist and Ryan T. Santurri of Allen, Dyer, Doppelt + Gilchrist, P.A.

CalAmp is represented by Joel A. Kauth and Eugene K. Chong of KPPB LLP as well as Carrie Ann Wozniak and Christopher Carver of Akerman LLP.

The case is Omega Patents LLC v. Calamp Corp., case number 6:13-cv-1950, in the U.S. District Court for the Middle District of Florida.

The Law360 article can be found here: https://www.law360.com/articles/945832

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