security with a value of twice the amount of the judgment.
MODIFICATION OF INJUNCTION
Finally, Brooktree has requested a modification of the injunction that was entered by this court on September 27, 1990. Specifically, Brooktree has asked that the nature of the injunction be changed from interlocutory to permanent now that AMD's post-trial motions have been denied; and also that the language of the injunction be modified so as to cover the infringing circuitry contained in the computer chips as well as the chips themselves. AMD does not dispute this point, and has submitted a proposed injunction order that it argues addresses Brooktree's concerns. Brooktree has also submitted a proposed order.
Both sides agree that the language of the injunction should be changed to prohibit AMD from making, using, selling, actively inducing the manufacture or sale of, or contributing to the manufacture or sale of, the circuitry that was found to infringe Brooktree's patents, rather than the particular chips that contained that circuitry. The major difference between the two proposed orders is the narrowness with which the infringing products are defined. Brooktree's proposed order would prohibit the making, using, selling, etc., of any chips containing circuitry found to infringe Brooktree's patent claims; or the making, selling, etc., of any chips containing the mask work layout found to infringe Brooktree's mask work rights. The language of AMD's proposed order covers only color palette chips containing the identical circuitry as that found to infringe Brooktree's patents; or the importing, distributing, inducing or knowingly causing another to import or distribute, any semiconductor chip products containing the mask work layout of the static RAM cells found to have infringed Brooktree's mask work rights.
The proposed order submitted by Brooktree makes those changes necessary to cover the infringing circuitry itself. AMD has made no argument as to why the additional changes it recommends should be adopted. Specifically, AMD does not explain why only "color palette chips" containing the infringing circuitry should be included in the injunction. This may be the only current use of the circuitry, but there does not seem to be any reason to include this limiting language in the injunction. The circuitry itself was found to infringe Brooktree's patents, not its use in the color palette chips. In addition, AMD has not explained why the language of the injunction as to the mask works should be changed from "making, using, selling," etc., to "importing, distributing," etc. The language from the original injunction was taken from AMD's proposed order, and there does not seem to be any reason to change it now.
In sum, while there is not much difference between the two proposed orders, Brooktree's comes the closest to the language of the original interlocutory injunction already issued by this court. AMD has not explained why the additional changes contained in its proposed order should be adopted. Accordingly, Brooktree's proposed order for a permanent injunction will be adopted.
Upon due consideration of the parties' memoranda and exhibits, the arguments advanced at hearing, and for the reasons set forth above, the court hereby:
I. Awards Brooktree prejudgment interest for damages on its patent infringement claims in the amount of $ 744,600.