QVC, INC. v. MJC AMERICA, LTD.

Filing 116

MEMORANDUM AND ORDER THAT MOTION TO REVISE JUDGMENT IS GRANTED AND COURTS ORDER OF 10/22/12 (DOC. 103) IS AMENDED TO INCLUDE AN AWARD OF ATTORNEY FEES AND COSTS AND PREJUDGMENT INTEREST AS FOLLOWS: SOLEUS IS LIABLE TO QVC FOR $719,411.76 IN REAS ONABLE ATTORNEYS FEES PAID TO SAUL EWING, LLP. SOLEUS IS LIABLE TO QVC FOR $16,632.00 IN REASONABLE ATTORNEYS FEES PAID TO BROWN & GIDDING, P.C. SOLEUS IS LIABLE TO QVC FOR $157,811.99 IN COSTS AND EXPENSES PAID TO SAUL EWING, LLP. SOLEUS I S LIABLE TO QVC FOR $645.71 IN COSTS AND EXPENSES PAID TO BROWN & GIDDING, PC. SOLEUS IS LIABLE TO AVC FOR $415,486.57 IN PREJUDGMENT INTEREST FOR QVC'S HEATER RELATED DAMAGES AND SOLEUS IS LIABLE TO QVC FOR $43,783.21 IN PREJUDGM ENT INTEREST FOR QVC'S DAMAGES RELATED TO OTHER MERCHANDISE. AS AMENDED, JUDGMENT IS ENTERED IN FAVOR PLAINTIFFS AND COUNTERCLAIM-DEFENDANT QVC, INC AND AGAINST DEFENDANT COUNTERCLAIM PLAINTIFF MJC AMERICA, LTD. D/B/A SOLEUS, INTERNATIONAL, INC. IN THE AMOUT OF $3,035,578.08. ALL OTHER PROVISIONS IN THE COURTS ORDER AND JUDGMENT DATED 10/22/12 (DOC. 103) SHALL REMAIN AS ORIGINALLY STATED.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 8/5/13. 8/5/13 ENTERED AND COPIES EMAILED.(rf, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA QVC, INC. v. MJC AMERICA, LTD. d/b/a SOLEUS INTERNATIONAL, INC. : : : : : : CIVIL ACTION NO. 08-3830 ORDER AND NOW, this 5th day of August, 2013, upon consideration of a motion by plaintiff and counterclaim defendant QVC, Inc. to revise the judgment entered in favor of it and against defendant and counterclaim-plaintiff MJC America, Ltd. d/b/a Soleus, International, Inc. to include its reasonable attorney’s fees and prejudgment interest (Dkt. No. 104), Soleus’s opposition thereto (Dkt. Nos. 112 and 113), and QVC’s reply (Dkt. No. 114), it is ORDERED the motion is GRANTED and the Court’s Order of October 22, 2012 (Dkt. No. 103) is AMENDED to include an award of attorney’s fees, costs and prejudgment interest as follows: 1. Soleus is liable to QVC for $719,411.76 in reasonable attorney’s fees paid to Saul Ewing, LLP; 2. Soleus is liable to QVC for $16,632.00 in reasonable attorney’s fees paid to Brown & Gidding, P.C.; 3. Soleus is liable to QVC for $157,811.99 in costs and expenses paid to Saul Ewing, LLP; 4. Soleus is liable to QVC for $645.71 in costs and expenses paid to Brown & Gidding, P.C.; 5. Soleus is liable to QVC for $415,486.57 in prejudgment interest for QVC’s Heater Related Damages; and 6. Soleus is liable to QVC for $43,783.21 in prejudgment interest for QVC’s damages related to Other Merchandise. As amended, JUDGMENT IS ENTERED in favor of plaintiff and counterclaimdefendant QVC, Inc. and against defendant and counterclaim-plaintiff MJC America, Ltd. d/b/a Soleus, International, Inc., in the amount of $3,035,578.08. All other provisions in the Court’s Order and Judgment dated October 22, 2012 (Dkt. No. 103) shall remain as originally stated. s/Thomas N. O’Neill, Jr. THOMAS N. O’NEILL, JR., J. -2-

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