Saffran, M.D., Ph.D., v. Johnson & Johnson et al

Filing 327

FINAL JUDGMENT - The Plaintiffs are the prevailing party in this litigation and the Court awards costs to the Plaintiffs as the prevailing party. The judgment shall bear interest at the lawful federal rate. All pending motions are DENIED as moot.. Signed by Judge T. John Ward on 3/31/11. (ehs, )

Saffran, M.D., Ph.D., v. Johnson & Johnson et al

Doc. 327

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRUCE N. SAFFRAN, M.D., PH.D., Plaintiff, v. JOHNSON & JOHNSON and CORDIS CORPORATION, Defendants. § § § § CIVIL ACTION NO. 2:07-CV-451 (TJW) § § § §

FINAL JUDGMENT A jury trial was held in this case from January 21-28, 2011. The jury reached its verdict on January 28, 2011. (See Dkt. No. 288.) On March 31, 2011, the Court denied Defendants motion for JMOL on the issues of infringement, invalidity, and damages, and granted Defendants motion for JMOL of no willfulness. Further, the Court conducted a bench trial on the defense of inequitable conduct on March 2, 2011 and issued an order denying that defense on March 31, 2011. In accordance with the jurys verdict and this Courts Orders, the Court renders the following judgment: The jury having determined that defendants Johnson & Johnson and Cordis Corporation (collectively "Defendants") infringed claims 1-3, 6, 8, 9, 11, 13, 15, 17, and 18 of United States Patent No. 5,653,760 ("the ,,760 patent"); the jury having failed to find that the asserted claims are invalid; the jury awarding $482,000,000.00 in reasonable royalty damages; it is ORDERED, ADJUDGED, AND DECREED that Bruce N. Saffran, M.D., Ph.D. (Plaintiff) recover from Defendants a damages award of Four Hundred Eighty-Two Million Dollars ($482,000,000.00) in actual damages. The Court awards an additional One Hundred Eleven Million, Three Hundred Sixty-Four Thousand, Two Hundred Eighty-One Dollars ($111,364,281.00) in pre-judgment interest. In calculating the pre-judgment interest, the Court deems that the damages award is

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what would have been payable to Plaintiffs on the date of first infringement, April 2002. The Court calculates the pre-judgment interest rate consistent with the ninety (90) day commercial paper rate, annualized using a 360-day year or bank interest, as established by the Federal Reserve Board, and uses this rate compounded on a yearly basis for the time period from April 2002 to the date of judgment to calculate the pre-judgment interest award. Thus, the total awarded is Five Hundred Ninety-Three Million, Three Hundred Sixty-Four Thousand, Two Hundred Eighty-One Dollars ($593,364,281.00). The Plaintiffs are the prevailing party in this litigation and the Court awards costs to the Plaintiffs as the prevailing party. The judgment shall bear interest at the lawful federal rate. All pending motions are DENIED as moot. This is FINAL JUDGMENT. IT IS SO ORDERED. SIGNED this 31st day of March, 2011.

__________________________________________ T. JOHN WARD UNITED STATES DISTRICT JUDGE

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