`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
`
`
`
`
`
`14cv0111
`ELECTRONICALLY FILED
`
`
`
`DRONE TECHNOLOGIES, INC.,
`
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`
`
`
`PARROT S.A., PARROT, INC.,
`
`
`
`Defendants.
`
`ORDER OF COURT RE: POST-TRIAL DAMAGES MOTIONS
`(DOC. NOS. 378, 380, 382, 383, 386)
`
`AND NOW, this 12th day of June, 2015, for the reasons set forth in a previously filed
`
`
`
`
`
`Memorandum Opinion Re: Post-Trial Damages Motions, IT IS HEREBY ORDERED THAT1:
`
`1. Plaintiff’s Motion for Royalty for Future Infringement (Doc. No. 378) is DENIED. The
`
`Court adopts the jury’s verdict of $4,016,050.00 for infringement of Plaintiff’s patents
`
`from July 1, 2015 through the expiration of the patents -- future damages;
`
`2. Plaintiff’s Motion for Fees Under Rule 37 (Doc. No. 380) is GRANTED;
`
`
`
`On or before June 25, 2015, Plaintiff shall file a Petition pursuant to Federal Rule
`
`of Civil Procedure 37, for reasonable attorneys’ fees and expenses, for Defendants’ non-
`
`compliance with this Court’s Orders. Defendants’ Response thereto is due by July 8,
`
`2015. David White, Esq. is appointed as Special Master to recommend the amount of a
`
`reasonable award pursuant to Federal Rule of Civil Procedure 37 under the applicable
`
`standard.
`
`
`1 Nothing in this Order is meant to prohibit the Parties from reaching agreement as to the amounts of the
`awards. However, due to the unprecedented lack of agreement on any issue in this case, the Court’s
`Order is structured such that customary Joint Status Reports etc. are not provided required.
`
`
`
`Case 2:14-cv-00111-AJS Document 404 Filed 06/12/15 Page 2 of 3
`
`
`
`To the extent applicable, Mr. White is appointed subject to the same terms as the
`
`Court’s previous Order of Court Appointing Special Master Re: Attorney-Client Privilege
`
`and Attorney Work Product Dispute (Doc. No. 179). The Special Master shall file a
`
`Report and Recommendation on or before July 31, 2015;
`
`3. Plaintiff’s Motion for an Order Awarding Pre-judgment Interest (Doc. No. 382) is
`
`GRANTED IN PART AND DENIED IN PART;
`
`
`
`Plaintiff is awarded pre-judgment interest on the jury award for past damages of
`
`$3,783,950.00, compounded quarterly, using Pennsylvania’s statutory interest rate of six
`
`percent, from January 31, 2012 through the date of entry of judgment. Pre-judgment
`
`interest will also be awarded, in the same manner, on Plaintiff’s award for attorneys’ fees
`
`and expenses, which have yet to be determined. Pre-judgment interest will not be applied
`
`as to the award for future damages;
`
`4. Plaintiff’s Renewed Motion for an Exceptional Case Finding and an Award of Attorneys’
`
`Fees (Doc. No. 383) is GRANTED IN PART AND DENIED IN PART. The Court
`
`finds that this case is exceptional pursuant to 35 U.S.C. § 285. Plaintiff’s Motion is
`
`GRANTED to the extent that it seeks an award of attorneys’ fees and expenses and
`
`DENIED to the extent Plaintiff moves this Court to award Plaintiff the costs of its expert
`
`witness;
`
`
`
`On or before June 25, 2015, Plaintiff shall file a Petition for Attorneys’ Fees and
`
`Expenses (with supporting affidavits and documents, including the number of hours and
`
`description of work per timekeeper and the rate per hour of each timekeeper), with
`
`Response due by July 8, 2015. If Defendants oppose the amount of Plaintiff’s requested
`
`attorneys’ fees and expenses, they shall provide a document outlining Defendants’
`
`
`
`2
`
`
`
`Case 2:14-cv-00111-AJS Document 404 Filed 06/12/15 Page 3 of 3
`
`attorneys’ fees (with supporting affidavits and documents, including the number of hours
`
`and description of work per timekeeper and the rate per hour of each timekeeper) and
`
`expenses to Plaintiff’s counsel and the Special Master. David White, Esq. is appointed as
`
`Special Master to recommend the amount of reasonable attorneys’ fees under the
`
`applicable standard.
`
`
`
`To the extent applicable, Mr. White is appointed subject to the same terms as the
`
`Court’s previous Order of Court Appointing Special Master Re: Attorney-Client Privilege
`
`and Attorney Work Product Dispute (Doc. No. 179). The Special Master shall file a
`
`Report and Recommendation on or before July 31, 2015;
`
`5. Plaintiff’s Motion for Post-Judgment Interest (Doc. No. 386) is GRANTED. Defendants
`
`shall pay post-judgment interest on the damages assessed by the jury (and adopted by the
`
`Court), attorneys’ fees and costs (which will be determined with the use of Special
`
`Master White), and the total pre-judgment interest, at the rate set forth in 28 U.S.C. §
`
`1961(a), compounded annually from the date final judgment is entered until the total
`
`monetary amount is fully paid to Plaintiff.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`s/ Arthur J. Schwab
`Arthur J. Schwab
`United States District Judge
`
`
`
`cc:
`
`All Registered ECF Counsel and Parties
`
`
`
`3