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SeaChange vows appeal in nCUBE scrap

Wed, 04/02/2003 - 7:00pm
Jeff Baumgartner

SeaChange International Inc. said Wednesday that it intends to appeal the damages a Delaware judge ordered the video-on-demand vendor to pay nCUBE Corp. in a long-running patent infringement case.

On March 31, Judge Joseph Farnan granted nCUBE its motion to receive enhanced damages of $4,071,658, pre-judgment interest of $62,101, and two-thirds of attorney's fees and costs, amounting to $1,839,852.

The judge's decision followed a jury ruling last year that SeaChange should pay nCUBE $2,035,829, plus a seven percent royalty on all sales of infringing products after Feb. 1, 2002. The case is in reference to nCUBE charges that SeaChange's MediaCluster, MediaExpress and Media Server technology infringed on an nCUBE patent (No. 5,805,804), which describes fundamental video server architecture.

Judge Farnan, according to a court document obtained by CED, also requested that nCUBE submit within five days an updated calculation of the damages originally awarded by the jury. The judge in the order also denied a motion by nCUBE for a permanent injunction against SeaChange.

"While we are pleased that the damages are less than those requested by nCUBE and which we had previously accrued for, we continue to believe that the weight of the evidence is in our favor on both legal and technical grounds," SeaChange President and CEO Bill Styslinger said, in a statement.

SeaChange also pointed out that nCUBE's recent victory does not impact another case in which a Delaware jury found that nCUBE had infringed on a patent tied to SeaChange's MediaCluster technology. A separate trial to determine damages owed to SeaChange is still pending in that case, SeaChange said.

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