Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1 :04-cv—00876-GIVIS Document 362 Filed 05/30/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
TELCORDIA TECHNOLOGIES, INC., )
Plaintiff/Counterclaim Defendant, j
v. j Civil Action No. 04-876-GMS
CISCO SYSTEMS, INC., j
Defendant/Counterclaim Plaintiff j
)
TELCORDIA TECHNOLOGIES, INC.'S MOTION FOR (1) AN AWARD OF
PREJUDGMENT INTEREST AND (2) AN ACCOUNTING OF DEFENDANT CISCO
SYSTEMS, INC.’S INFRINGING SALES SINCE JANUARY 31, 2007
Plaintiff Telcordia Technologies, Inc. ("Telcordia") hereby respectfully moves the Court
for an Order (1) awarding prejudgment interest on the amount of damages awarded by the jury
for Cisco’s infringing sales, calculated at the prime rate compounded quarterly up to the date of
iinal judgment herein, and (2) directing an accounting of Cisco’s sales of its infringing products
from January 31, 2007 to the date of final judgment, and awarding Telcordia damages and
prejudgment interest on those sales.
The grounds for this motion are set forth in the accompanying opening. Telcordia also
submits herewith a proposed Order.

Case 1 :04-cv—00876-GIVIS Document 362 Filed 05/30/2007 Page 2 of 4
ASHBY & GEDDES
/s/ John G. Day
Of Counsel:
Steven J. Balick (I.D. #21 14)
Donald R. Dunner John G. Day (I.D. #2403)
Steven M. Anzalone Tiffany Geyer Lydon (I.D. #3950)
Richard H. Smith Lauren E. Maguire (I.D. #4261)
James T. Wilson 500 Delaware Avenue, Sth Floor
John M. Williamson P.O. Box 1150
FINNEGAN, HENDERSON, FARABOW, Wilmington, Delaware 19899
GARRETT & DUNNER, L.L.P. (302) 654-1888
901 New York Ave., N.W. sba1ick@ashby—geddes.com
Washington, D.C. 20001 jday@ashby—geddes.com
(202) 408-4000 t1ydon@ashby—geddes.com
[email protected]
Dated: May 30, 2007
Attorneys for Plaintw
Telcordia Technologies, Inc
2

Case 1 :04-cv—00876-GIVIS Document 362 Filed 05/30/2007 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
TELCORDIA TECHNOLOGIES, INC., )
Plaintift7Counterclaim Defendant, g
v. g Civil Action No. 04-876-GMS
CISCO SYSTEMS, H\IC., g
Defendant/Counterclaim Plaintiff g
)
ORDER AWARDING PREJUDGMENT
INTEREST AND DIRECTING AN ACCOUNTING
Finding upon a jury verdict that Cisco Systems, Inc. ("Cisco") has infringed claims ll
and 33 of U.S. Patent Re. 36,633 ("the ’633 patent") and claims 1, 2, 7 and 8 of U.S. Patent No.
4,835,763 ("the ’763 patent") (collectively, the "patents-in-suit"), owned by plaintiff Telcordia
Teclmologies, Inc. ("Te1cordia"), and
Finding that the jury has awarded Telcordia the sum of $6,5 00,000.00 in damages to
compensate it for such infringement, and
Upon consideration of Telcordia’s "Motion For (1) An Award Of Prejudgment Interest
And (2) For An Accounting Of Defendant Cisco Systems, Inc.’s Infringing Sales Since January
31, 2007," and the pa1ties’ submissions in support of and opposition to that Motion,
IT IS HEREBY ORDERED that:
1. Telcordia’s motion for prejudgment interest shall be, and hereby is, granted, and
Telcordia shall be awarded the sum of $l,l6l,616.00 in prejudgment interest on Cisco’s
infringing sales up to January 31, 2007, which sum shall be added to the $6,500,000.00 in

Case 1 :04-cv—00876-GIVIS Document 362 Filed 05/30/2007 Page 4 of 4
damages awarded by the jury, for a total of $7,661,616 in damages and prejudgment interest on
Cisco’s infringing sales up to January 31, 2007, and that total shall be set forth in the final
judgment in this case; and
2. Telcordia’s motion for an accounting of Cisco’s sales of its infringing products from
January 31, 2007 to the date of final judgment shall be, and hereby is, granted, and damages and
prejudgment interest shall be assessed on those sales and added to the amount of damages and
prejudgment interest to be paid to Telcordia by Cisco as set forth in the fmal judgment in this
case.
SO ORDERED:
United States District Judge
Dated: