DALLAS – After winning its patent infringement case against Nintendo last August, iLife is now asking for not only the $10.1 million award from the jury but also prejudgment interest, post-judgment interest, and costs. This proposed amount totals $25 million.

On Oct. 19, iLife filed its motion for entry of judgment in the case of iLife Technologies Inc. v. Nintendo of America Inc., in the Dallas Division of the Northern District of Texas. Attorney Michael Wilson of Munck Wilson Mandala LLP of Dallas filed the motion.

As detailed in the motion, the jury returned its verdict on Aug. 31, finding: “(1) Nintendo infringed claim 1 of the ’796 patent with respect to all of the accused products; (2) Nintendo failed to prove by clear and convincing evidence that claim 1 of the ’796 patent is invalid under 35 U.S.C. § 112 (written description and enablement); (3) Nintendo failed to prove that iLife sold the Healthsensor 100 device after March 8, 2005, but before Dec. 23, 2013; and (4) iLife is entitled to recover a reasonable royalty in a lump-sum payment in the amount of $10.1 million."  

The case arises out of iLife’s claim that Nintendo illegally used its accelerometer technology in the controllers for its Wii games.

In calculating the amount of money iLife feels entitled to be awarded, the company looked at prejudgment interest based on the prime rate in effect November 2006, compounded quarterly for the 11.25-year period ending in February 2018, when the court case is expected to conclude, the motion states.

The daily interest rate may vary because “The daily rate is an estimate of the daily interest that would accrue on the principal sum and may be added to the total for each day after Feb. 18, 2018, through the date of the final judgment (or subtracted for each day before Feb. 18, 2018," the motion states.

In calculating post-judgment interest, iLife cited the code section 28 U.S.C. § 1961, which calls for a calculation based on  “...the date of the entry of the judgment, at a rate equal to the weekly average 1-year constant maturity treasury yield, as published by the board of governors of the Federal Reserve System, for the calendar week preceding the date of the judgment and to be 'compounded annually,'” according to the motion.

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