Last summer, a Houston federal district court jury found that Compaq had copied from Ergonome's publication “Preventing Computer Injury: The HAND Book,” written by concert pianist, Stephanie Brown to make its “Safety & Comfort Guide.”
The 1994 Safety & Comfort Guide accompanied every computer Compaq sold worldwide from the end of that year through 1997. Compaq has acknowledged that it made at least 32 million copies of the Guide. Based on that quantity, Ergonome yesterday announced that it is claiming damages which could exceed $600 million.
“It is amazing that a company of Compaq's size and prominence would make 32 million substantially similar copies of Ergonome's book instead of buying them,” said Parker Bagley, the US lawyer representing Ergonome.
A jury previously found that Compaq had copied The HAND Book, defeating Compaq's claim of independent creation. The jury further found that Compaq's copies were substantially similar to Ergonome's copyrighted original, rendering the copying actionable.
Ergonome claims actual damages of approximately $600 million based upon the $19.95 retail list price of Ergonome's book, minus printing costs, multiplied by Compaq's 32 million copies. The case is now headed for the United States Court of Appeals for the Fifth Circuit.
Ergonome’s latest announcement came yesterday which was, apparently by coincidence, International RSI Awareness Day.