LEONARD P. STARK, District Judge.
Having reviewed the parties' joint status report (D.I. 454),
1. Until such time as the Director of the U.S. Patent and Trademark Office issues a certification of cancellation of any asserted patent in this case, the Patent Trial and Appeal Board's decisions, even if "final," have no impact on this case. See 35 U.S.C. § 318(b) ("If the Patent Trial and Appeal Board issues a final written decision . . . and the time for appeal has expired or any appeal has terminated, the Director shall issue and publish a certificate cancelling any claim of the patent finally determined to be unpatentable. . . ."); see also D.I. 454 at 1-2. Accordingly, the Court will enter Plaintiffs' proposed form of judgment, which is consistent with the jury verdict, including the jury's findings of no invalidity.
2. The parties' proposed briefing schedule for post-trial motions is
3. Oral argument on the post-trial motions will be heard on
4. Defendants have properly preserved their ensnarement contention and, therefore, it remains ripe for judicial resolution. No later than
5. After a preliminary review of the parties' identification of issues on which each intends to seek post-trial relief, and having presided over the two-week jury trial last month, the undersigned Judge has formed tentative views as to how the forthcoming motions are likely to be resolved. In hopes that sharing these tentative views may make briefing and resolution of those motions more efficient, the Court states as follows:
A. As to Plaintiff's anticipated motions, the Court is inclined to deny enhanced damages pursuant to 35 U.S.C. § 284 and attorneys' fees pursuant to 35 U.S.C. § 285, grant supplemental damages for infringement of the asserted patents during the period from February 26, 2018 through the entry of Final Judgment, and grant pre-judgment and post-judgment interest on damages and Siemens' recoverable costs.
B. As to Defendants' anticipated motions, the Court is inclined to deny them all, including motions for judgment of non-infringement, no lost profits on the EQT patents, no indirect infringement of the BOS patents, and no willful infringement.
The views expressed herein are merely present inclinations and are subject to change after full briefing on any motions that are filed.