Here’s some damages you don’t see in your everyday lawsuit… RED is asking a court to have existing Sony cameras destroyed.
RED brought the lawsuit today in federal court against Sony due to the technology inside of Sony’s F65, F55 and F5 cinema cameras – claiming that it infringes on two of RED’s patents. RED is asking the court to force Sony to stop making and selling the cameras and that Sony should surrender all profits derived from the previous sale of the cameras.
Additionally, RED asks the court to force Sony “to deliver up and destroy all infringing cameras.” Ouch.
As interesting as that turn of events could be, the chances are that any judgment against Sony would simply result in damages and reasonable royalties being paid to RED for the patent infringement (assuming the patents are valid). Of course, this assumes further that the case even makes it to trial.
RED asked for a preliminary injunction as part of this lawsuit, which means there should be a hearing in short order to ascertain whether or not RED has a likelihood of success in the end. If the court finds RED is likely to succeed in this case, then it would probably enjoin Sony from selling the offending cameras during the process of the lawsuit. Such a finding would likely motivate Sony to settle out of court.
Any other finding in the preliminary injunction hearing could see this lawsuit dragging on for quite some time (possibly several years).