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Princeton Digital Image Corp. v. Office Depot Inc.

United States District Court, D. Delaware

August 25, 2017

PRINCETON DIGITAL IMAGE CORPORATION, Plaintiff,
v.
OFFICE DEPOT INC., Defendant. PRINCETON DIGITAL IMAGE CORPORATION, Plaintiff,
v.
J.C. PENNEY COMPANY, INC., Defendant. PRINCETON DIGITAL IMAGE CORPORATION, Plaintiff,
v.
QVC INC., Defendant. PRINCETON DIGITAL IMAGE CORPORATION, Plaintiff,
v.
SEARS HOLDINGS COMPANY, Defendant. PRINCETON DIGITAL IMAGE CORPORATION, Plaintiff,
v.
LIMITED BRANDS, INC., Defendant. PRINCETON DIGITAL IMAGE CORPORATION, Plaintiff,
v.
GAP INC., Defendant. PRINCETON DIGITAL IMAGE CORPORATION, Plaintiff,
v.
WILLIAMS-SONOMA INC., Defendant. PRINCETON DIGITAL IMAGE CORPORATION, Plaintiff,
v.
COSTCO WHOLESALE CORP., Defendant. PRINCETON DIGITAL IMAGE CORPORATION, Plaintiff,
v.
NORDSTROM.COM LLC, NORDSTROM.COM INC., and NORDSTROM INC. Defendants.

          MEMORANDUM ORDER

          HON. LE NARD P. STARK UNITED STATES DISTRICT JUDGE

         Having reviewed the parties' filings regarding their proposed final judgments (C.A. 13-239-LPS D.I. 275, 276, 277, 278), [1]

         IT IS HEREBY ORDERED that:

         1. Adobe Systems Incorporated's ("Adobe") motion for entry of final judgment (C.A. 13-239-LPS D.I. 275; C.A. No. 13-287-LPS D.I. 275; C.A. No. 13-288-LPS D.I. 275; C.A. No. 13-289-LPS D.I. 274; C.A. No. 13-326-LPS D.I. 272; C.A. No. 13-330-LPS D.I. 272; C.A. No. 13-331-LPS D.I. 274; C.A. No. 13-404-LPS D.I. 273; C.A. No. 13-408-LPS D.I. 290) is GRANTED IN PART, as the Court will enter an order of final judgment consistent with the Court's rulings and the events during trial. The Court will NOT adopt Adobe's proposed final judgment, as the Court has found and stated that the record demonstrates that Adobe could prove some amount of purely defense fees.

         2. The Court will ADOPT the second final judgment proposed by Princeton Digital Image Corporation ("PDIC"). (D.I. 278) The Court sets out the following procedural history to provide accurate context for the final judgment. See In re Cendant Corp. Sec. Litig., 454 F.3d 235, 243 (3d Cir. 2006).

         3. On August 1, 2017, the Court granted in part and denied in part PDIC's motion for summary judgment on Adobe's breach of contract claim, concluding in pertinent part as follows:

[T]he Court agrees with PDIC that Adobe cannot collect as damages for the breach of contract any attorney fees Adobe incurred in the affirmative breach-of-contract suit....
However, the defense fees - that is, those Adobe incurred in defending [third-party] Defendants [i.e., Adobe customers] from PDIC's infringement suit, suits that were brought in alleged violation of the covenant not to sue - are the type of fees that may be awarded as damages. Adobe's legal costs in defending its customers are a proper measure of the harm to Adobe caused by PDIC's alleged breach.
Nor is the Court persuaded that Adobe cannot disaggregate its defense fees from its affirmative fees.... By separate order, the Court will direct Adobe to serve a supplemental expert report relating to the revised amount of damages Adobe is seeking in light of today's rulings.

(D.I. 220 at 13-14)

         4. By Order entered the same date, the Court directed that "Adobe shall serve on PDIC a supplemental expert report relating to the amount of damages it is seeking, in light of today's rulings, " by no later than August 7. (D.I. 221 at ¶ 4)

         5. On August 7, 2017, Adobe served on PDIC a supplemental expert report relating to damages. (D.I. 230)

         6. On August 9, 2017, PDIC filed an "Emergency Renewed Motion for Summary Judgment." (D.I. 234)

         7. On August 10, 2017, the Court held a pretrial conference, relating to a jury trial scheduled to begin on August 21, 2017, and directed the parties to (among other things) brief a motion to strike Adobe's new expert report and brief "whether under [governing] New Jersey law attorney fees that are incurred in a way that is inextricably ...


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