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04-425 - Monsanto Company et al v. David


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04-425 - Monsanto Company et al v. David
October 19, 2005
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ORDER granting 61 Motion to Amend/Correct, denying 63 Motion for Leave to take depositions for use at trial, granting 65 Motion for Leave to serve additional discovery disclosure, granting 73 Motion to Exclude, granting 76 Motion to Amend/Correct Signed by Judge Henry E. Autrey on 10/19/05. (CEL, )
April 20, 2006
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OPINION, MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Monsanto is awarded a reasonable royalty for defendant's knowing infringement of Monsanto's patent in the amount of $226,214.40. IT IS FURTHER ORDERED that Monsanto is entitled to recover its legal fees and other costs of enforcing the agreement. IT IS FURTHER ORDERED that Monsanto's Motions in Limine, [Doc. No's 111, and 120], are denied as moot. IT IS FURTHER ORDERED that judgment will be entered upon the resolution of all remaining issues.. Signed by Judge Henry E. Autrey on 4/20/06. (MJM, )
July 25, 2006
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ORDER 200 202 203 [206 208 212 241 IT IS HEREBY ORDERED that plaintiff's Motion for Attorneys' FeesPursuant to 35 U.S.C. 285, [Doc. No. 200], is granted. The amount of attorneys'fees to be awarded will be determined after plaintiff responds to defendant'schronological objections to plaintiff's verified statement of attorneys' fees.IT IS FURTHER ORDERED that defendant's Motion for Amendment ofApril 20, 2006 Opinion, Memorandum and Order, [Doc. No. 202], is denied.IT IS FURTHER ORDERED that defendant's Second Motion forAmendment of April 20, 2006 Opinion, Memorandum and Order, [Doc. No. 212], isdenied.IT IS FURTHER ORDERED that plaintiffs' Motion for PrejudgmentInterest, [Doc. No. 203], is granted.IT IS FURTHER ORDERED that plaintiffs' Motion for Treble DamagesPursuant to 35 U.S.C. 284, [Doc. No. 206] is granted to the extent that plaintiff isawarded enhanced damages in the amount of $10,000 additional damages. IT IS FURTHER ORDERED that plaintiffs'Motion for Bill of Costs, [Doc. No. 208],is granted. Costs are taxed in the amount of $30,542.99, pursuant to 28 U.S.C. 1920.IT IS FURTHER ORDERED that defendant's Rule 59(e) Motion to Alteror Amend Award of Contract Attorneys' Fees and Costs in April 20, 2006 Opinion,Memorandum and Order, [Doc. No. 241], is denied. Signed by Judge Henry E. Autrey on 7/25/06. (CEL, )
September 14, 2006
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OPINION, MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs are awarded attorneys' fees in the amount of $323,140.05.. Signed by Judge Henry E. Autrey on 9/14/06. (MJM, )
October 27, 2006
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MEMORANDUM AND ORDER re:258 MOTION to Amend/Correct 256 Judgment - (Case), filed by Loren David IS DENIED,, 260 MOTION to Amend/Correct 258 MOTION to Amend/Correct 256 Judgment - (Case) Defendant's Amended and Supplemental Rule 59 Motion to Take Additional Evidence and Make New Findings of Fac filed by Loren David, motion is DENIED. Signed by Judge Henry E. Autrey on 10/27/06. (LGK, )
October 16, 2008
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(CEL)OPINION, MEMORANDUM AND ORDER:This matter is before the Court on remand from the Federal Circuit Court of Appeals for additional fact finding concerning the Roundup Ready soybean density of Defendants fields in 2003.... Therefore, Plaintiffs are entitled to a royalty for 1,577 infringing units in the amount of $86,798.08. An amended judgment, including recalculation of prejudgment interest, is entered this same date. (see order for details). Signed by Honorable Henry E. Autrey on 10/16/08.
October 16, 2008
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AMENDED JUDGMENT :ORDERED, ADJUDGED AND DECREED that Plaintiffs are awarded a reasonable royalty for Defendants knowing infringement of Monsantos patent in the amount of $86,798.08. IT IS FURTHER ORDERED, ADJUDGED AND DECREED thatPlaintiffs are entitled to recover its legal fees in the amount of $323,140.05.IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiffs are awarded 9% per annum prejudgment interest, in the amount of $21.44 per day, for at total of $42,086.72. IT IS FURTHER ORDERED, ADJUDGED AND DECREED thAT plaintiffs are awarded enhanced damages in the amount of $10,000 additional damages. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that costs are taxed in the amount of $30,542.99, pursuant to 28 U.S.C. ยง 1920. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiffs are awarded costs and expenses pursuant to the parties Technology Agreement in the amount of $164,608.03.. Signed by Honorable Henry E. Autrey on 10/16/08. (CEL)