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Medtronic Sofamor Danek USA, Inc. v. Globus Medical

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


July 16, 2009

MEDTRONIC SOFAMOR DANEK USA, INC., WARSAW ORTHOPEDIC, INC., MEDTRONIC PUERTO RICO OPERATIONS CO., AND MEDTRONIC SOFAMOR DANEK DEGGENDORF, GMBH
v.
GLOBUS MEDICAL, INC.

The opinion of the court was delivered by: Norma L. Shapiro J.

ORDER

AND NOW, this 16th day of July, 2009, upon consideration of the parties' post trial briefs, all evidence of record and the parties' arguments at trial, for the reasons stated in the attached opinion, it is ORDERED that:

1. Plaintiffs' request to re-open the record (paper no. 299) is GRANTED IN PART AND DENIED IN PART. PX 17, PX 20, PX 21 and PX 22 are admitted into evidence. Plaintiffs' request is denied in all other respects.

2. Plaintiffs Medtronic Sofamor Danek USA, Inc., Medtronic Puerto Rico Operations Co. and Medtronic Sofamor Danek Deggendorf, GmbH are DISMISSED with prejudice.

3. Warsaw Orthopedic, Inc. is entitled to compensatory damages for infringement of the '929 and '422 patents equal to a reasonable royalty of $2,085,269.20.

4. On or before July 31, 2009, Warsaw Orthopedic, Inc. may file a petition for prejudgment interest calculated at the post-judgment interest rate as set forth in 28 U.S.C. § 1961(a).

5. Plaintiffs' request for injunctive relief is DENIED.

20090716

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