Intellectual Property Law

UPDATE Sue L. Robinson: Calculating Pre-Judgment Interest, and Other Damages-Related Inquiries

By Karen E. Keller, Andrew A. Lundgren et al.

District Judge Sue L. Robinson has modified a recent damages order, reported by us last month, that accounted for the award's tax treatment:

"It is apparent from the papers submitted that the appropriate method of calculating prejudgment interest based on after-tax damages is fraught with opportunities for mischief. Indeed, each party has employed a different analysis in computing this aspect of the damages award. Under the circumstances, the court has determined that its attempt to adjust for taxes was ill conceived and, therefore, will adopt Cordis' computation of prejudgment interest, which (according to Medtronic) is consistent with a pre-tax assessment."

Cordis Corp. v. Medtronic Vascular Inc., C.A. No. 97-550-SLR (D. Del. Sept. 30, 2008) (Robinson, J.).

Full post as published by Delaware IP Law Blog on October 03, 2008 (boomark / email).