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(PORTLAND, Ore., April 12 /PRNewswire/ -- nCUBE Corporation today issued the following statement concerning litigation involving the company.
Finding "deliberate" infringement, a Federal District Court last week exercised its discretionary authority to require SeaChange International to pay nCUBE Corporation double damages and legal fees for copying nCUBE''s patented video server system architecture. Judge Joseph J. Farnan Jr. of the U. S. District Court for the District of Delaware wrote:
The publicly available information of the underlying design information of the [nCUBE] patent, along with the similarity of the media server described in the [SeaChange] . . . systems, coupled with the jury finding of willfulness, all support the conclusion that SeaChange deliberately copied the invention of the [nCUBE] patent.
Federal law permits trial judges in patent cases to impose multiple damages where a defendant''s conduct is such that the court finds that "the totality of the circumstances" justifies an enhanced award. The Court ruled that SeaChange''s behavior in this case merited an award of enhanced damages.
The Court found that while SeaChange claimed as part of its defense that it consulted a patent law expert immediately upon learning of the nCUBE lawsuit, it "did not rely on [its patent law expert''s] opinion in good faith because it managed the information given to him and did not share with him the best information that was known to it." The Judge also found "that the case for literal infringement was not a close one . . . . "
As part of the ruling, the Court dismissed SeaChange''s motions to overrule a May 2002 jury finding that SeaChange had "willfully" infringed on nCUBE''s patent. A companion jury finding that SeaChange also had infringed the nCUBE patent under the "doctrine of equivalents" was dismissed as insufficiently supported by the evidence; this ruling, however, does not affect the court''s action on nCUBE''s main claim.
In a separate case, the Court dismissed motions by nCUBE to overrule jury findings in the lawsuit brought by SeaChange. In that case, SeaChange claimed nCUBE infringed a patent that covered a secondary feature of nCUBE''s video server system. There has been no trial to determine damages in this case. nCUBE implemented a "work around" solution within a few days of the initial ruling in the case.
The case brought by nCUBE against SeaChange is Civil Action No. 01-11-JJF, United States District Court for the District of Delaware." The SeaChange case against nCUBE is Civil Action No. 00-568-JJF.
About nCUBE:
nCUBE Corporation is a leading provider of on-demand media and digital advertising solutions for cable operators and telecommunications network providers worldwide. nCUBE simplifies the deployment of on-demand content and digital ad insertion systems with the most powerful, comprehensive set of on-demand management and technical business tools. The company offers the only server architecture in the market with the scalability to deliver up to 61,000 simultaneous streams from a single site, meeting the demands of VOD today and the future content needs of everything-on-demand (EOD). For more information: http://www.ncube.com/
nCUBE Corporation
© PR Newswire
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