Motions for new trial and JMOL on damages denied after remand.
Cordis Corp. v. Medtronic Vascular, Inc., et al., C.A. No. 97-550-SLR (Consolidated); Boston Scientific Corporation, et al. v. Ethicon, Inc., et al. C.A. No. 98-19-SLR, September 15, 2008.
Robinson, J. Following decade-long litigation, the Court grants Cordis’ motion for entry of final judgment and denies BSC’s motion for new trial and Medtronic’s motion for JMOL on lost profit damages.
This remand follows the Federal Circuit’s affirmance of the entry of judgment against defendant Medtronic. Boston Scientific Corporation, argues on remand that a new invalidity trial is warranted based on the Federal Circuit’s changed construction of certain claims. The Court, however, finds that the proof of nonobviousness offered at an earlier trial was so substantial as to not be affected by the change. In addition, the Court finds that BSC has twice waived its invalidity claim based on co-inventorship by failing to offer evidence at an earlier trial and the waiver is unaffected by any change in claim construction. Damages awarded include interest calculated at the prime rate, compounded quarterly; the parties are to submit a final prejudgment interest calculation based on an after-tax amount of damages. Next, the Court denies BSC’s motion for a new trial on damages based on a prior stipulation notwithstanding a later conflicting arbitration decision. The Court declines to allow BSC out of its earlier agreement based on later, business-related proceedings of which it was not a part. Finally, the Court considers Medtronic’s JMOL on damages arguing that Cordis has failed to carry its burden to prove entitlement to lost profits. The Court denies the motion having concluded that there is substantial evidence to support the jury’s verdict.
