Santa Ana, CA, October 9, 2017 – K&L filed a motion today on behalf of Plaintiff Imagenetix, Inc. to enhance the jury’s damage award of $6.8 million, as well as for attorneys’ fees and interest, following a unanimous jury verdict finding willful patent infringement by Robinson Pharma and its co-defendants. In its motion, Imagenetix argues that the relevant factors weigh in favor of treble damages. The jury’s finding of willfulness alone warrants enhanced damages. Moreover, defendants engaged in egregious conduct, including explicitly citing Imagenetix’s patent in their own marketing materials, infringing for nearly a decade, rejecting multiple offers to buy or license the patent, and engaging in serious discovery misconduct over of the course of the litigation.
In addition, Imagenetix argues that the jury’s finding of willfulness and the defendants’ egregious discovery misconduct make this an exceptional case warranting an award of attorneys’ fees.
Oral argument on the motion is scheduled for December 1, 2017.
Imagenetix’s motion is available here.