By Dabney Carr
As we posted here and here, ActiveVideo Networks won a jury verdict that the Verizon FiOS Video on Demand ("VOD") Service infringes two of its patents. On November 23, Judge Raymond Jackson granted ActiveVideo's motion for a permanent injunction of the FiOS VOD service but instituted a six-month sunset provision so that Verizon could implement a non-infringing alternative. ActiveVideo Networks, Inc. v. Verizon Comm's., Inc., 2011 U.S. Dist. LEXIS 135673 (E.D.Va. Nov. 23, 2011) (Jackson, J.) (opinion found here).
Applying the four-factor test for a permanent injunction from eBay, Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006), [enhanced version available to lexis.com subscribers /unenhanced version available from lexisONE Free Case Law ] Judge Jackson ruled:
Judge Jackson awarded ActiveVideo a royalty of 40% of Verizon's profits from the FiOS VOD service, equaling $2.74 per customer per month.
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