On Monday, Judge Noreika issued a post-trial ruling in Agrofresh v. Essentiv LLC, C.A. No. 16-662, modifying the jury's liability verdict and its damages award. She also criticized a briefing practice that she called "unhelpful and largely ineffective."
Entries for tag: damages
Chief Judge Stark today released his opinion on post-trial motions in Roch Diagnostics Co. v. Meso Scale Diagnostics, LLC, C.A. No. 17-189-LPS (D. Del.), following a jury trial last year that resulted in a $137m verdict and a finding of willfulness.
Damages Award on 65% Royalty Theory Confirmed
The Court denied a post-trial motion to undo the jury's damage finding, which equated to an approximately 65% royalty rate (or more, depending on the royalty base).
Interestingly, the jury awarded damages after a one-sided royalty rate presentation by Roche, the accused infringer. The Court had previously excluded the patentee's damages expert's opinion as to the royalty rate, because it used the wrong date …
In Guest Tek Interactive Entertainment, Ltd. v. Nomadix, Inc., C.A. No. 18-1394-RGA (D. Del.), plaintiff sent RFPs for various financial documents, but defendant produced only a single page profit and loss statement for each year, claiming no more was available.
Plaintiff brought a discovery dispute and asked Judge Andrews to order production of any further documents in defendant's possession.
Judge Andrews declined. Instead, he sua sponte suggested that the parties resolve this via a 30(b)(6) deposition about the kinds of financial information that defendant keeps:
[D]o a 30(b)(6) deposition and find out if there are any other documents. And you know, …
