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Warnking v. Recor Medical Inc.

Supreme Court of Delaware

February 3, 2014

Reinhard WARNKING, and Sound Inverventions, Inc., a Delaware corporation, Defendants Below, Appellants,
v.
RECOR MEDICAL INC., a Delaware corporation, Plaintiff Below, Appellee.

Submitted: Jan. 29, 2014.

Editorial Note:

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

Court Below— Court of Chancery of the State of Delaware, C.A. No. 7387.

Before HOLLAND, BERGER and JACOBS, Justices.

ORDER

RANDY J. HOLLAND, Justice.

This third day of February, 2014, the Court, having considered this matter after oral argument and on the briefs filed by the parties, has determined that the July 16, 2013 final judgment of the Court of Chancery should be affirmed on the basis of and for the reasons set forth in its Memorandum Opinion dated May 31, 2013, as revised on July 16, 2013.

We note that the final judgment in this appeal was entered in accordance with Court of Chancery Rule 54(b). Accordingly, we also note that issues remaining to be decided by the Court of Chancery are as follows: first, the parties' dispute over the amount of attorneys' fees and expenses to be awarded to ReCor; and, second, the question of whether the Defendants should be credited with their attorneys' fees and costs incurred in the filings and prosecution of the Transferred Intellectual Property.

NOW, THEREFORE, IT IS HEREBY ORDERED that the July 16, 2013 final judgment of the Court of Chancery be, and the same hereby is, AFFIRMED.


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