Free Proposed Order - District Court of Delaware - Delaware

Case 1:05-cv-00160-KAJ-IVIPT Document 230 Filed 03/05/2007 Paget of4
2 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
NOVOZYMES A/S,
8 Plaintiff C.A. N0. 05-160-KAJ
GENENCOR NTERNATIONAL, INC., and
ENZYME DEVELOPMENT CORPORATION
Defendants
JUDGMENT ORDER
WHEREAS, trial in this action was bifurcated by this Court’s October 28, 2005 First
Amended Scheduling Order;
AND WHEREAS, this Court held a bench trial in March 2006 on the issues of
infringement, validity, and enforceability of plaintiff Novozymes A/S’ ("Novozymes") United
States Patent No. 6,867,03l (the "’03l Patent"") as asserted against Defendants Genencor
International, Inc. and Enzyme Development Corporation (collectively, "Genencor");
AND WHEREAS, this Court issued Findings of Facts and Conclusions of Law on August
24, 2006, in which the Court held that (i) Genencor’s SPEZYME® Ethyl product infringes
claims l, 3, and 5 of the ’03l Patent; (ii) those claims are not invalid as obvious or lacking
enablement; and (iii) the ‘03l patent is not unenforceable due to inequitable conduct or
prosecution laches;
AND WHEREAS, this court held a bench trial in October 2006 on the issues of damages,
injunctive relief, willful infringement, the award of attorneys’ fees, and the standing of
Novozymes of North America, Inc. ("Novozymes NA");
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AND WHEREAS, this Court issued Findings of Facts and Conclusions of Law on
February 16, 2007, in which the Court held that (i) Genencor willfully infringed claims 1, 3, and
5 of the ’031 Patent; (ii) Novozymes NA lacked standing to join this action as a co-plaintiff and
Novozymes is not entitled to recover the alleged lost profits of Novozymes NA; (iii) Novozymes
is entitled to damages in the form of reasonable royalties totaling $4,088,584; (iv) Novozymes is
entitled to prejudgment interest; (v) Novozymes is entitled to enhanced damages in the form of
an award of double damages because of Genencor’s willful infringement; (vi) Novozymes is
entitled to an award of reasonable attorney fees and costs because this was an exceptional case;
and (vii) Genencor should be permanently enjoined from further infringement of the ’03l Patent.
NOW THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that:
1. Claims 1, 3, and 5 of the ’03l Patent are not invalid for obviousness or lack of
enablement.
2. The ’031 Patent is not unenforceable due to inequitable conduct or prosecution
laches.
3. Genencor has literally infringed Claims 1, 3, and 5 of the ’031 Patent under 35
U.S.C. § 27l(a) by its manufacture, use, offer for sale, and sale of the SPEZYME® Ethyl
product.
4. C Genencor willfully infringed Claims 1, 3, and 5 of the ’03l Patent under 35 U.S.C.
§ 284 entitling Novozymes to enhanced damages in the form of an amount double the actual
damages awarded.
5. This is an exceptional case under 35 U.S.C. § 285.
6. Genencor shall pay Novozymes the following amounts:
a. $4,032,497, representing a reasonable royalty of twenty percent (20%) for
the $20,162,484 of infringing sales in the fuel ethanol market;
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b. $56,087, representing a reasonable royalty of eight percent (8%) for the
$701,088 of infringing sales in all markets outside the fuel ethanol market;
c. $366,461, representing prejudgment interest, calculated at the average
Federal Reserve System Bank Prime Loan Rate for the beginning on
March 15, 2005 and ending on March 5, 2007, plus an additional $1,007
in interest for each day between March 5, 2007 and the date of this Order.
d. $4,088,584 in enhanced damages, representing a doubling of the sum of
the amounts set forth in 6a and 6b;
e. Novozymes’ reasonable attorneys fees and costs to be determined either
by stipulation upon the agreement of the parties, or if the parties cannot
agree, then by the Court upon the submission of a fees and costs
application by Novozymes and a response thereto by Genencor. If by
March 12, 2007 the parties cannot stipulate to the amount of reasonable
attorneys fees and costs to be awarded to Novozymes, then Novozynies
shall serve and tile its application for attorneys fees and its bill of costs by
March 19, 2007, Genencor shall respond thereto by April 2, 2007, and
Novozymes shall reply by April 10, 2007.
f. In sum, Genencor shall pay Novozymes $8,543,629 in damages, plus an
additional $1,007 in prejudgment interest for each day between March 5,
2007 and the date of this Order, plus Novozymes’ reasonable attorneys
fees and costs.
7. Genencor International, Inc. and Enzyme Development Corporation are jointly
and severally liable for payment to Novozymes of the damages specified in this Order.
8. Genencor International, Inc. and Enzyme Development Corporation and their
successors-in—interest, officers, agents, servants, employees, attorneys, and those persons in
active concert or participation with them who receive actual notice of this Order by personal
service or otherwise, are hereby enjoined from making, using, offering to sell or selling within
the United States, or importing into the United States SPEZYl\/IE® Ethyl products and any other
products that are not colorably different therefrom, until such time as the ’03l Patent expires,
including any extensions and regulatory exclusivities that are granted and not successfully
challenged.
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9. Novozymes’ motion to join Novozymes NA as a co—plaintiff is denied with
prejudice.
IO. Novozymes is not entitled to recover the alleged lost profits of Novozymes NA.
DATE:
UNITED STATES DISTRICT JUDGE
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