Court Awards Interest and Grants Permanent Injunction in TriStrata Patent Infringement Case Against Mary Kay
Robins, Kaplan, Miller & Ciresi L.L.P. Obtains More Than $40 Million for TriStrata
Apr 2006
Minneapolis (April 2006) – The U.S. District Court for the District of Delaware in Wilmington, Del. issued a final judgment March 31 granting prejudgment and post-judgment interest to TriStrata Technology, Inc., concluding its patent infringement lawsuit against Mary Kay Inc. The Court also granted TriStrata’s motion for a permanent injunction enjoining Mary Kay against making or selling the infringing products.
Last March, a jury found that Mary Kay infringed several patents owned by TriStrata related to alpha-hydroxyacid (AHA) skin care technology and awarded TriStrata more than $26 million in damages. With interest now determined, the total verdict amount is more than $40 million.
"The prejudgment interest is to be calculated based on the prime lending rate, compounded quarterly, since Feb. 1, 1995, and the post-judgment interest is at 4.77% compounded annually from the order date. This will bring the total verdict to well over $40 million," said TriStrata’s lead trial attorneys, Michael V. Ciresi and Jan M. Conlin of Robins, Kaplan, Miller & Ciresi L.L.P.
“TriStrata has license agreements with many skin care companies, and they will continue to enforce their patents. This case illustrates just how strongly juries favor our patent system and the lack of tolerance for infringement,” said Conlin.
"We are extremely pleased the Court ruled on the interest with such appropriate terms and granted the permanent injunction," said Ciresi, the Firm’s chairman. "The prejudgment award as determined by the prime lending rate, compounded quarterly, should compensate TriStrata for its loss of reasonable royalties from licensing its patents."
Last year’s jury award of $26,359,405 for TriStrata placed the verdict among the top 100 largest verdicts for 2005.
TriStrata is a wholly-owned subsidiary of NeoStrata Company, Inc., a research-based dermatological company.
Robins, Kaplan, Miller & Ciresi L.L.P. (www.rkmc.com) is a national law firm with offices in Atlanta, Boston, Los Angeles, Minneapolis, Naples (FL), and Washington, D.C.
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