MANHASSET, New York -- The U.S. District Court in Delaware Thursday (July 29) rejected a series of motions and appeals and entered an order for Proxim to pay Symbol Technologies about $26 million to settle a patent infringement case.
Of the total, the federal court ordered Sunnyvale, Calif.-based Proxim to pay Holtsville, N.Y.-based Symbol $23 million in damages, plus $3 million in interest. Peter Lieb, senior vice president and general counsel for Symbol, said in a statement that he's pleased with the decision and, unless the court issues a stay or Proxim posts a bond, Symbol would attempt to execute the judgment.
A U.S. District Court jury in mid-September 2003 awarded Symbol 6 percent royalties on Proxim's past sales of the infringing WLAN products, which date back to 1995 and include Proxim's Open Air, 802.11 products.
For its part, Proxim Thursday said it is not enjoined from continued sales of these products and that the federal court denied Symbol's request for a court-ordered royalty on future sale of these products by Proxim.
The financially struggling Proxim also said it has fully accrued the amount awarded in its financial statements since the date of the initial jury award in September, so there is no change to its financial statements and none is immediately anticipated.
In addition, Proxim said it would "vigorously defend itself" and consider all available options after all matters before the court are concluded.
Proxim this week posted a $3 million loss for its second-quarter 2004 and signed an agreement with investors for a debt conversion and bridge loan to give it a financial boost.