XY, LLC v. Trans Ova Genetics, LC

Filing 507

FINAL JUDGMENT. re: 500 , by Judge William J. Martinez on 4/19/2016. (dhans, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 13-cv-0876-WJM-NYW
XY, LLC,
Plaintiff / Counterclaim Defendant,
v.
TRANS OVA GENETICS, LC,
Defendant / Counterclaim Plaintiff.
FINAL JUDGMENT
This action was tried before a jury of eight sworn to try the issues herein with
United States District Judge William J. Martínez presiding, and the jury rendered a
Verdict.
In accordance with the Orders filed during the pendency of this case, the jury
Verdict, and the Order on Post-Trial Motions, it is
ORDERED that Final Judgment is entered for the Plaintiff and against the
Defendant in the amount of $1,915,931 in breach-of-contract damages, inclusive of
prejudgment interest (as offset by the smaller award of breach-of-contract damages to
Trans Ova, inclusive of prejudgment interest); and $5,070,607 in patent infringement
damages, inclusive of prejudgment interest; for a total damages award of $6,986,538. It
is
FURTHER ORDERED that post-judgment interest shall accrue on the total
damages award at the rate of 0.54% per annum from the date of entry of Judgment

until paid. It is
FURTHER ORDERED that Defendant shall pay to Plaintiff an ongoing royalty at
the rate of 12.5% of all gross receipts for the licensed products set forth in the parties’
prior License Agreement, with an additional 2% royalty for reverse sorting services,
unless and until the parties reach a separate license agreement which may supersede
this ongoing royalty rate without further order of the Court.
IT IS FURTHER ORDERED that Plaintiff is awarded its costs upon the filing of a
Bill of Costs with the Clerk of Court within fourteen days’ entry of Final Judgment.
Dated at Denver, Colorado this 19th day of April, 2016.
APPROVED BY THE COURT:

FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/Deborah Hansen
Deborah Hansen, Deputy Clerk

Judge William J. Martínez

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