`Case 1:16-cv-00041-CFC Document 378 Filed 07/16/20 Page 1 of 3 PageID #: 15372
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`F’REAL FOODS, LLC and RICH
`PRODUCTS CORPORATION,
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`Plaintiff,
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`v.
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`Civil Action No. 16-41-CF C
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`HAMILTON BEACH BRANDS,
`INC. and HERSHEY CREAMERY
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`COMPANY,
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`Defendant.
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`219153
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`Pending before me is Plaintiffs’ Motion for Supplemental Damages,
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`Accounting, Pre-Judgment Interest, and Post-Judgment Interest (D.I. 303). The
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`parties’ only dispute is whether the pre-judgment interest rate should be calculated
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`using the Three-Month US. Treasury Bill (T-Bill) rate or the Prime Rate. See D.I.
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`320; D1. 340.
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`“The rate of prejudgment interest and whether it should be compounded or
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`uncompounded are matters lefi largely to the discretion of the district court.” Bio-
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`Rad Labs., Inc. v. Nicolet Instrument Corp, 807 F.2d 964, 969 (Fed. Cir. 1986)
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`(citations omitted). The common practice of the District of Delaware is to use “the
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`
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`Case 1:16-cv-00041-CFC Document 378 Filed 07/16/20 Page 2 of 3 PageID #: 15373
`Case 1:16-cv-00041-CFC Document 378 Filed 07/16/20 Page 2 of 3 PagelD #: 15373
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`prime rate, compounded quarterly[.]” Power Integrations, Inc. v. Fairchild
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`Semiconductor Int’l, Inc, 2019 WL 3290369, at *11 (D. Del. July 22, 2019) (citing
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`Amgen Inc. v. Hospira, Inc, 336 F. Supp. 3d 333, 363-64 (D. Del. 2018); Green
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`Mountain Glass LLC v. Saint-Gobain Containers, Inc, 300 F. Supp. 3d 610, 627-
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`28 (D. Del. 2018); Idenix Pharm. LLC v. Gilead Scis., Inc, 271 F. Supp. 3d 694,
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`705 (D. Del. 2017); Ateliers de la Haute-Garonne v. Broetje Automation— USA Inc,
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`85 F. Supp. 3d 768, 783 (D. Del. 2015)).
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`Contrary to the common practice of the District of Delaware, Defendants
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`argue that the T—Bill rate is the appropriate interest rate in this case, because
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`Plaintiffs have not shown “that [they] borrowed money at or above the prime rate
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`or would have invested the additional money to justify a higher rate.” D.I. 320 at 1
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`(citing Phillips Petroleum Co. v. Rexene Corp, 1997 WL 781856, at *28 (D. Del.
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`Sept. 4, 1997); Schering Corp. v. Precision-Cosmet Co., 614 F. Supp. 1368, 1384
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`(D. Del. 1985); Green Mountain Glass LLC, 300 F. Supp. 3d at 627-28). But the
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`first case Defendants cite for the proposition that Plaintiffs need to show that they
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`borrowed money at or above the prime rate undercuts Defendants’ argument. The
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`Court in Phillips Petroleum Co. v. Rexene Corp. said that “[t]he Federal Circuit
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`has made it clear that a patentee need not ‘demonstrate that it borrowed at the
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`p_ ime rate in order to be entitled to prejudgment interest at that rate.
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`1997 WL
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`9”
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`781856, at *28 (quoting Uniroyal, Inc. v. Rudkin- Wiley Corp, 939 F.2d 1540,
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`
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`Case 1:16-cv-00041-CFC Document 378 Filed 07/16/20 Page 3 of 3 PageID #: 15374
`Case 1:16-cv-00041-CFC Document 378 Filed 07/16/20 Page 3 of 3 PagelD #: 15374
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`1545 (Fed. Cir. 1991) (emphasis added)). Because Defendants have not convinced
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`me it is necessary to depart from the common practice of the District of Delaware,
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`I find that the pre-judgment interest rate should be the Prime Rate.
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`Since Plaintiffs filed the pending motion, I denied Defendants’ Motion for
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`Judgment as a Matter of Law of No Lost Profits, or, in the Alternative Motion for a
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`New Trial on or Remittitur of Lost Profits (D.I. 296) conditioned upon Plaintiffs’
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`acceptance of the Court’s remittitur of Plaintiffs’ lost profits award to
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`$2,091,841.00, see D.I. 367; and Plaintiffs have accepted the Court’s remittitur, see
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`D.I. 368. Plaintiffs’ proposed supplemental damages calculations are therefore
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`based on an outdated lost profits award. Accordingly, Plaintiffs will need to
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`recalculate and resubmit proposed supplemental damages calculations.
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`WHEREFORE, in Wilmington, this Sixteenth day of July in 2020, IT IS
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`HEREBY ORDERED that Plaintiffs’ Motion for Supplemental Damages,
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`Accounting, Pre-Judgment Interest, and Post-Judgment Interest (D.I. 303) is
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`GRANTED IN PART AND DENIED IN PART.
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`IT IS FURTHER ORDERED THAT Plaintiffs will resubmit proposed
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`supplemental damages calculations within 14 days of this Order.
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` UNITED ST TES DIST
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