Judge Albright denies Google’s motion to waive bail, grants 28-day stay

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Earlier this spring in EcoFactor, Inc. v. Google LLC, 6:20-cv-00075 (ADA), a jury awarded EcoFactor approximately $20 million in damages for Google’s infringement of one of its patents. The parties have exhausted their post-trial remedies and each has now filed appeals. In November, Google moved to suspend enforcement of the ruling under Rule 62(b) and to waive the lien.

Pursuant to Rule 62(b), “[a]t any time after judgment has been rendered, a party may obtain a stay by providing bond or other security. However, a court may waive the bail requirement, but the burden is on the moving party to show reasons for departure. The moving part must “objectively demonstrate[] a current financial capacity to respond easily to a monetary judgment” and “a financially secure plan to maintain the same degree of creditworthiness during the appeal period”.

Here, Google argued that it is eligible for a stay because it is a “large well-established and financially strong company” and that because it is publicly traded, all of its finances are publicly available for EcoFactor to monitor during a stay. The Court held that such an argument fails Google’s burden of demonstrating that it has “a financially secure plan to maintain the same degree of solvency during the appeal period” because it requires EcoFactor to monitor Google’s financial position through public filings. impermissibly shifts the burden of this requirement from Google to EcoFactor.

Google also argued that it shouldn’t be required to post bond to secure a stay of enforcement because EcoFactor is also appealing the ruling, but the Court held that since EcoFactor is only seeking more damages, a bond is still appropriate.

The court granted a limited 28-day reprieve to give Google time to make arrangements to post its bond.

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