Loggerhead Tools, LLC v. Sears Holdings Corporation

Filing 457

MOTION by Plaintiff Loggerhead Tools, LLC for judgment , Award of Prejudgment and Post-Judgment Interest and Costs, and Identification of the Applicable Schedule for LoggerHead's Motion for Attorney's Fees and Nontaxable Expenses (Attachments: # 1 Memorandum, # 2 Declaration of Christopher Bokhart, # 3 Exhibit A to Declaration of Christopher Bokhart, # 4 Trial Exhibit, # 5 Exhibit A - Proposed Order)(Skiermont, Paul)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LOGGERHEAD TOOLS, LLC, Plaintiff, SEARS HOLDINGS CORPORATION and APEX TOOL GROUP, LLC, Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. 1:12-cv-09033 Honorable Rebecca R. Pallmeyer JURY TRIAL DEMANDED MOTION FOR ENTRY OF JUDGMENT, AWARD OF PREJUDGMENT AND POSTJUDGMENT INTEREST AND COSTS, AND IDENTIFICATION OF THE APPLICABLE SCHEDULE FOR LOGGERHEAD’S MOTION FOR ATTORNEY’S FEES AND NONTAXABLE EXPENSES NOW COMES Plaintiff LoggerHead Tools, LLC (“LoggerHead”), by and through its attorneys, and requests this Court to enter judgment on the jury’s verdict that Defendants Sears Holdings Corporation and Apex Tool Group, LLC infringed Clams 1, 9, and 16 of U.S. Patent No. 6,889,579 and infringed Claims 1 and 9 of U.S. Patent No. 7,992,470, that Defendants did not prove any of these Claims are invalid as anticipated, that Defendants did not prove Claims 1 and 9 of the ‘470 patent are invalid as obvious, and that LoggerHead is entitled to receive $5,979,616 from Defendants for infringement, that both Sears’ and Apex’s infringement was willful, and for any enhanced damages the Court may award against both Sears and Apex. LoggerHead further requests that the Court award LoggerHead prejudgment interest and costs, and post-judgment interest. LoggerHead requests that the Court award prejudgment interest at a rate of 8%, or alternatively at a rate of the prime rate plus 2%, in either case compounded quarterly. LoggerHead’s proposed form of judgment is attached as Exhibit A to this Motion. In addition, LoggerHead requests that the Court determine whether LoggerHead should file its motion pursuant to 35 U.S.C. § 285 seeking an award of attorney’s fees and related nontaxable expenses in accordance with Local Rule 54.3 of the Northern District of Illinois, or whether the Court will enter an order for a different briefing schedule for this motion. The parties also ask that the Court set June 27, 2017 as the hearing date for this motion. 2 Dated: June 22, 2017 Respectfully submitted, /s/ Paul J. Skiermont Paul J. Skiermont N.D. Ill. Bar No. 6278464 Sarah Spires Admitted pro hac vice Sadaf Abdullah Admitted pro hac vice Steven Hartsell N.D. Ill. Bar No. 24040199 Steve Udick Admitted pro hac vice Skiermont Derby LLP 2200 Ross Avenue, Suite 4800W Dallas, Texas 75201 (214) 978-6600 (Telephone) (214) 978-6601 (Facsimile) pskiermont@skiermontderby.com sspires@skiermontderby.com sabdullah@skiermontderby.com shartsell@skiermontderby.com sudick@skiermontderby.com Jason L. Peltz Asha L.I. Spencer Jean Tinkham Bartlit Beck Herman Palenchar & Scott, LLP Courthouse Place 54 West Hubbard Street, Suite 300 Chicago, Illinois 60654 (312) 494-4400 (Telephone) (312) 494-4440 (Facsimile) jason.peltz@bartlit-beck.com asha.spencer@bartlit-beck.com jean.tinkham@bartlit-beck.com Counsel for Plaintiff LoggerHead Tools, LLC 3 CERTIFICATE OF ELECTRONIC SERVICE I hereby certify that on June 22, 2017, the foregoing document was filed electronically through the Court’s Electronic Case Filing System. Service of this document is being made upon all counsel of record in this case by the Notice of Electronic Filing issued through the Court’s Electronic Case Filing System on this date. /s/ Paul J. Skiermont Paul J. Skiermont

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?