Court declines to stay permanent injunction pending appeal
Becton Dickinson and Company v. Tyco Healthcare Group LP, C.A. No. 02-1694a-GMS, October 29, 2008.
Sleet, C.J. Plaintiff’s post-trial motions for an award for damages and prejudgment interest is granted. Plaintiff’s motion for a permanent injunction is granted in part and denied in part.
Defendant contests plaintiff’s calculations of lost profits arguing that the numbers are inflated due to failure to account for costs associated with increasing production capacity. It further argues a damages stipulation should not apply. The court enforces the stipulation since defendant had sought to avoid presentation of evidence on damages at trial by entering into the stipulation. The stipulation does not address additional production costs. The court ordered prejudgment interest at the prime rate, compounded quarterly. The court enters an injunction with respect to certain products. The court declines to stay the injunction pending appeal, noting that defendant mentions a stay in passing in its brief without evidence of irreparable harm.
