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E.I. Du Pont Nemours and Co. v. Medtronic Vascular, Inc.

Supreme Court of Delaware

September 19, 2013

E.I. DU PONT De NEMOURS AND COMPANY, Plaintiff Below/Appellant,
v.
MEDTRONIC VASCULAR, INC., Defendant Below/Appellee.

Submitted: Sept. 18, 2013.

Editorial Note:

This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.

Court Below: Superior Court of the State of Delaware in and for New Castle County, C.A. No. N10C-09-058.

Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices.

ORDER

MYRON T. STEELE, Chief Justice.

This 19th day of September 2013, the Court having carefully considered the briefs of the parties and their contentions in oral argument, has determined as follows that the judgment of the Superior Court should be affirmed on the basis of the well-reasoned decision dated April 24, 2013.

To the extent that the issues raised on appeal are related to the trial judge's finding that DuPont is not entitled to additional royalties under the PACRA, the trial judge's conclusion is affirmed. For the reason set forth above, the Court need not reach the trial judge's determination that the statute of limitations barred any claim that DuPont may have had.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.


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