Legal Opinion

GNB Battery Technologies, Inc. v. Exide Corp.

District Court, D. Delaware

Decided April 26, 1995No. Civ. A. 88-407-RRMPublished

1Opinion of the Court

OPINION

McKELVIE, District Judge.

In this patent case, the parties have tried the damage issues, including willful infringement, to the court following a jury verdict in favor of the plaintiff. In this phase, plaintiff seeks an award of lost profits for sales of infringing as well as non-infringing batteries to three retailers and an award based on a reasonable royalty for the remaining sales of infringing dual-terminal, automotive replacement batteries. Plaintiff also seeks an increase in the damages for willful infringement and prejudgment interest.

Following a bench trial on the damage…

2Cases cited11 opinions

  1. Georgia-Pacific Corp. v. United States Plywood Corp.District Court, S.D. New York · 1970
  2. The Read Corporation and F.T. Read & Sons, Inc. v. Portec, Inc., D/B/A Portec/kolberg DivisionCourt of Appeals for the Federal Circuit · 1992
  3. Electro Medical Systems, S.A. v. Cooper Life Sciences, Inc., Dentsply International Inc., and Dentsply Research & Development Corp.Court of Appeals for the Federal Circuit · 1994
  4. Georgia-Pacific Corporation v. U. S. Plywood-Champion Papers Inc.Court of Appeals for the Second Circuit · 1971
  5. King Instrument Corporation, Plaintiff-Appellant/cross-Appellee v. Otari Corporation, Defendant-Appellee/cross-AppellantCourt of Appeals for the Federal Circuit · 1985

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