E.I. DuPont de Nemours and Company v. Medtronic Vascular, Inc.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE E. I. DU PONT DE NEMOURS AND COMPANY, Plaintiff Below/Appellant, v. MEDTRONIC VASCULAR, INC., Defendant Below/Appellee. ) ) ) ) ) ) ) ) ) ) No. 280, 2013 Court Below: Superior Court of the State of Delaware in and for New Castle County C.A. No. N10C-09-058 Submitted: September 18, 2013 Decided: September 19, 2013 Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices. ORDER This 19th day of September 2013, the Court having carefully considered the briefs of the parties and their contentions in oral argument, has determined as follows that the judgment of the Superior Court should be affirmed on the basis of the well-reasoned decision dated April 24, 2013. To the extent that the issues raised on appeal are related to the trial judge s finding that DuPont is not entitled to additional royalties under the PACRA, the trial judge s conclusion is affirmed. For the reason set forth above, the Court need not reach the trial judge s determination that the statute of limitations barred any claim that DuPont may have had. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Chief Justice 2

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