But in December 2005, a district court jury in Texas found that the differences between the Prius design and Paice's were "insubstantial." The jury ordered Toyota to pay $4.3 million in damages based on sales of its hybrid Prius, Highlander and Lexus cars through 2005. They added a $25 royalty for each car built after that until the Paice patent expires in 2012. Toyota has said that it expects to sell 275,000 hybrids this year - potentially worth more than $6 million to Paice.
The verdict was upheld on appeals. Paice has since sued Toyota again for damages stemming from three new hybrid Camry and Lexus models, and for infringement on two new patents.
Toyota paid the $4.3 million. After other investors and lawyers were paid, the Abell Foundation got "a few million dollars," Embry said.
