IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

SIMPLEAIR, INC.,

Plaintiff,

v.

GOOGLE INC.,

Defendant.














CIVIL ACTION NO. 2:11-cv-416-JRG
CIVIL ACTION NO. 2:13-cv-587-JRG




JUDGMENT AS TO DAMAGES

A jury trial commenced in this case on January 13, 2014, and the jury reached and returned
its verdict on January 18, 2014 (Dkt. No. 601). The jury reached a verdict unanimously finding
infringement and no invalidity, but the jury could not return a unanimous finding on the amount of
damages. Pursuant to Rule 58 of the Federal Rules of Civil Procedure and in accordance with the
jurys verdict and the entirety of the record available to the Court, the Court entered judgment as to
infringement and validity on February 10, 2014 (Dkt. No. 635), and ordered a new trial on the
issue of damages.
A second jury trial commenced on March 17, 2014, to determine the amount of damages in
this case. The jury reached and returned its unanimous verdict on March 19, 2014 (Dkt. No. 718).
Therefore, pursuant to Rule 58 of the Federal Rules of Civil procedure and in accordance with the
jurys verdict and the entirety of the record available to the Court, the Court hereby ORDERS
AND ENTERS FINAL JUDGMENT AS TO DAMAGES as follows:
1. The jury having awarded Plaintiff SimpleAir, Inc. (SimpleAir) the lump sum of
eighty five million dollars ($85,000,000) as a reasonable royalty: it is ORDERED that SimpleAir
recover from Defendant Google Inc. (Google) the sum of eighty five million dollars ($85,000,000)
Case 2:13-cv-00587-JRG Document 25 Filed 05/13/14 Page 1 of 3 PageID #: 1172
2

as damages in the form of a reasonable royalty for Googles infringement of U.S. Patent No.
7,035,914 (the 914 patent).
2. Pursuant to 35 U.S.C. 284, the Court awards SimpleAir pre-judgment interest,
payable by Google.
1
The Court previously ordered the parties to submit a calculation of
pre-judgment interest (Dkt. No. 738), computed according to the following formula:
$85,000,000.00 at the prime rate as published in the Money Rate section of the
Wall Street Journal, compounded annually, adjusting the effective rate with each
and every change in said prime rate over the calculation periodfrom date of
infringement through the presentwith an additional per diem factor/amount
shown; said per diem amount to be applied for each additional day after the stated
ending date of the calculation until judgment is actually entered.
Consistent with said calculation (Dkt. No. 739), the Court ORDERS that SimpleAir shall recover
prejudgment interest from Google in the amount of $11,583,526.00 for the period of time
extending from May 1, 2010 through April 29, 2014. The Court further ORDERS that SimpleAir
shall recover from Google the amount of $8,600 per diem from April 30, 2014 through the date of
entry of this Judgment.
3. Pursuant to 28 U.S.C. 1961(a), the Court ORDERS that SimpleAir recover from
Google post-judgment interest payable at the statutory rate.
4. Pursuant to Federal Rule of Civil Procedure 54(d) and 28 U.S.C. 1920, the Court
further finds that SimpleAir is the prevailing party in this matter and is entitled to costs consistent
therewith. Accordingly, the Court ORDERS that SimpleAir recover its costs of suit from
Google.


1
An award of pre-judgment interest serves to make the patentee whole because the patentee also lost the use of its
money due to infringement. Gen. Motors Corp. v. Devex Corp., 461 U.S. 648, 655-56 (1983). In General Motors,
the Supreme Court made pre-judgment interest the rule, not the exception. Id. at 652-53
Case 2:13-cv-00587-JRG Document 25 Filed 05/13/14 Page 2 of 3 PageID #: 1173
3



Case 2:13-cv-00587-JRG Document 25 Filed 05/13/14 Page 3 of 3 PageID #: 1174
.

____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 13th day of May, 2014.