By Memorandum Order entered by The Honorable Richard G. Andrews in Nox Medical EHF v. Natus Neuorology Inc., Civil Action No. 15-709-RGA (D.Del. December 7, 2018), the Court granted Plaintiff’s Motion for Reconsideration upon acknowledging that it did not appreciate the differences between U.S. Patent No. 9,059,532 (“the ‘532 Patent”) and its European counterpart when it initially denied Plaintiff’s Motion for Enhanced Damages after the jury’s finding of willful infringement by Defendant. However, after reconsideration and changing its view on the second Read factor, the Court still did not find that Defendant’s behavior was “willful, wanton, malicious, bad-faith, deliberate, consciously wrong, flagrant, or-indeed-characteristic of a pirate.” Id. at *4. Thus, the Court did not believe that enhanced damages were appropriate and again denied Plaintiff’s Post-Trial Motion for Enhanced Damages. Id. at *4-8.

A copy of the Memorandum Order is attached.

By Opinion entered by The Honorable Leonard P. Stark in Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., Civil Action No. 04-1371-LPS (D.Del., January 18, 2011), the Court granted in part and denied in part the post-trial motion of the prevailing Plaintiff, Power Integrations, Inc. (“Power”), to declare the case exceptional and to award Power treble damages and its attorneys’ fees. Specifically, the Court granted Power’s motion for enhanced damages under 35 U.S.C. § 284 to the extent that it enhanced Power’s damages two times (i.e. 200%) as opposed to trebling damages. Id. at 22. The Court denied Power’s motion to declare the case exceptional and to award attorneys’ fees under 35 U.S.C. § 285. Id. at 24.

Complete copies of the Court’s Opinion and Order are attached.

Continue Reading Judge Stark Grants Prevailing Plaintiff’s Request For Enhanced Damages In Part And Denies Request For Award Of Attorneys’ Fees