XY, LLC v. Trans Ova Genetics, LC, No. 1:2013cv00876 - Document 507 (D. Colo. 2016)

Court Description: FINAL JUDGMENT. re: 500 , by Judge William J. Martinez on 4/19/2016. (dhans, )

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XY, LLC v. Trans Ova Genetics, LC Doc. 507 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez Civil Action No. 13-cv-0876-WJM-NYW XY, LLC, Plaintiff / Counterclaim Defendant, v. TRANS OVA GENETICS, LC, Defendant / Counterclaim Plaintiff. FINAL JUDGMENT This action was tried before a jury of eight sworn to try the issues herein with United States District Judge William J. Martínez presiding, and the jury rendered a Verdict. In accordance with the Orders filed during the pendency of this case, the jury Verdict, and the Order on Post-Trial Motions, it is ORDERED that Final Judgment is entered for the Plaintiff and against the Defendant in the amount of $1,915,931 in breach-of-contract damages, inclusive of prejudgment interest (as offset by the smaller award of breach-of-contract damages to Trans Ova, inclusive of prejudgment interest); and $5,070,607 in patent infringement damages, inclusive of prejudgment interest; for a total damages award of $6,986,538. It is FURTHER ORDERED that post-judgment interest shall accrue on the total damages award at the rate of 0.54% per annum from the date of entry of Judgment Dockets.Justia.com until paid. It is FURTHER ORDERED that Defendant shall pay to Plaintiff an ongoing royalty at the rate of 12.5% of all gross receipts for the licensed products set forth in the parties’ prior License Agreement, with an additional 2% royalty for reverse sorting services, unless and until the parties reach a separate license agreement which may supersede this ongoing royalty rate without further order of the Court. IT IS FURTHER ORDERED that Plaintiff is awarded its costs upon the filing of a Bill of Costs with the Clerk of Court within fourteen days’ entry of Final Judgment. Dated at Denver, Colorado this 19th day of April, 2016. APPROVED BY THE COURT: FOR THE COURT: JEFFREY P. COLWELL, CLERK By: s/Deborah Hansen Deborah Hansen, Deputy Clerk Judge William J. Martínez 2

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