Post-remand schedule issues in stent case
Cordis Corporation v. Boston Scientific Corp. and Scimed Life Systems, Inc., Civ. No. 03-027-SLR, September 30, 2009.
Robinson, J. After remand following liability trial, the Court orders separate trials before different juries.
Plaintiff’s damages and willfulness claims for two patents will be tried separately from Defendant’s damages and willfulness claims for its patent. Due to passage of time discovery will be updated. The Court declines to permit discovery on failure to commercialize a non-infringing alternative since this ignored previously. Claim for pre-verdict lost profits is similarly denied since it had not been pursued previously. Discovery on post-verdict royalties is permitted where no permanent injunction is requested. It is equitable relief and therefore not subject to the right of a jury trial. Plaintiff’s capacity to meet market demand is hotly contested and will not be considered on summary judgment but will be tried. Discovery of Plaintiff’s lost profits claim is permitted, but request for discovery of profits made by Plaintiff’s related entities is denied based upon an agreement in the pretrial stipulation.
