Facts

Viasat sued Acacia Communications in 2016 for breach of contract and trade secret misappropriation, alleging that Acacia misused Viasat's licensed soft decision forward error correction technology, by improperly using Viasat's confidential information and licensed technology in products on which Acacia failed to pay royalties. That case was tried in 2019, resulting in a verdict in Viasat's favor for $49.3 million. Acacia appealed and lost, then paid Viasat roughly $62 milllion to satisfy the judgment, including post-judgment interest.

Because trial in the first case only encompassed Acacia's sales through 2018, Viasat filed a second action in 2019, to recover damages owed on Acacia's post-2018 sales of the same products. After the appeal in the first case was decided in Viasat's favor, Viasat moved for summary judgment in the second case, arguing that Acacia's liability and damages were established as res judicata and under the doctrine of issue preclusion based on the final judgment in the first case. Acacia cross-moved for summary judgment, arguing that Viasat's second case was barred by res judicata and the rule against claim-splitting.

Result

The court granted Viasat's summary judgment motion and denied Acacia's cross-motion, finding that Acacia had agreed in the first case that Viasat was required to file a second lawsuit to recover damages on sales not adjudicated in the first action. Based on the undisputed evidence of Acacia's post-2018 sales, the court entered judgment in Viasat's favor for $97,551,554, and ordered Acacia to continue paying Viasat damages of $150 per instance of use in all future sales of the same products going forward.

Other Information

Acacia has satisfied the judgment in the second case under protest, and is appealing.