Fuji Photo Film Co. v. Benun (In Re Benun)

OPINION

MORRIS STERN, Bankruptcy Judge.

TABLE OF CONTENTS

I. Background.65

II. Pretrial Motions.68

III. Scope of Trial.70

A. Tranche I (1995 through August 21, 2001) .71

1. District Court I Judgment.71

2. Issue Preclusion.73

3. Factors Deemed Persuasive In Limiting the Scope of Trial.75(a) “Willful” As Defined in Bankruptcy and Patent Law.75(b) The Malice Requirement of § 523(a)(6).78(c) District Court Refusal to Enhance Damages and the Federal

Circuit’s Comments in Appeal II.80(d) The Repair Defense.81

4. This Court’s Review of Pretrial Submissions.81

5. Conclusion — Scope of Trial of Tranche I Issues.82