Sociedad Espanola De Electromedicina Y Calidad, S.A. et al v. Blue Ridge X-Ray Company, Inc. et al

Filing 282

AMENDED JUDGMENT in favor of Sociedad Espanola De Electromedicina Y Calidad, S.A. against Blue Ridge X-Ray Company, Inc., DRGEM CORP., DRGEM USA, Inc. (See Amended Judgment for further details). Signed by District Judge Martin Reidinger on 12/28/2016. (kby)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:10-cv-00159-MR

SOCIEDAD ESPANOLA DE
ELECTROMEDICINA Y
CALIDAD, S.A.,

)
)
)
)
Plaintiffs,
)
)
vs.
)
)
BLUE RIDGE X-RAY CO., INC., )
DRGEM USA, INC., and
)
DRGEM CORP.,
)
)
Defendants.
)
___________________________ )

AMENDED JUDGMENT
THIS MATTER was called for trial and was heard by the undersigned
judge, and a jury was duly empaneled and has answered the issues
presented as follows:
1.

Do the Defendants’ accused products infringe one or more of the
claims of the ‘829 Patent?
ANSWER: YES

2.

What amount of damages, if any, is adequate to compensate the
Plaintiff for the Defendants’ infringement?

ANSWER: $852,000
3.

Was DRGEM USA, Inc.’s infringement of the ‘829 Patent willful?
ANSWER: YES

4.

Was DRGEM Corp.’s infringement of the ‘829 Patent willful?
ANSWER: YES
Based on the foregoing facts as found by the jury, the Court concludes

as a matter of law that the Defendants Blue Ridge X-Ray Co., Inc., DRGEM
USA, Inc., and DRGEM Corp. infringed U.S. Patent No. 6,642,829, and that
the infringement committed by DRGEM USA, Inc. and DRGEM Corp. was
willful. Accordingly, the Defendants’ counterclaim for a declaratory judgment
regarding non-infringement is dismissed. The Court previously entered an
Order granting the Plaintiff summary judgment with respect to the
Defendants’ counterclaim for a declaratory judgment regarding the invalidity
of the ‘829 Patent, and that counterclaim shall also be dismissed.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED as
follows:
(1)

The Plaintiff Sociedad Espanola de Electromedicina y Calidad,

S.A. shall have and recover of the Defendants Blue Ridge X-Ray Co., Inc.,

DRGEM USA, Inc. and DRGEM Corp., jointly and severally, the sum of
$852,000.
(2)

All counterclaims asserted by the Defendants are dismissed with

prejudice.
(3)

In the exercise of its discretion, the Court declines to award

attorneys’ fees and enhanced damages to the Plaintiff, and the Plaintiff’s
claims for such are dismissed with prejudice.
(4)

The Plaintiff is awarded pre-judgment interest at a simple interest

rate of 3.39% from March 5, 2008 to July 8, 2016.
(5)

The Plaintiff is further awarded post-judgment interest of 0.45%

on the total judgment, which includes the damages award of $852,000, the
prejudgment interest award as assessed by this Judgment, and any costs as
assessed by the Clerk of Court.
IT IS SO ORDERED.

Signed: December 28, 2016

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