Intellectual Property Law

Judge Farnan: Default Judgment Granted in Patent Infringement Case

By Karen E. Keller, Andrew A. Lundgren et al.

On Tuesday, Judge Farnan granted a default judgment in a patent infringement case against Medical Skin Therapy Research, Inc. ("MSTR"). Tristrata Technologies filed suit againt MSTR on October 17, 2006 - three years, nine months, and thirteen days before the entry of default judgment. In that time, MSTR appears to have made no response at all to the Court, despite correspondence with Tristata showing that it was aware of the suit. The Court granted a default judgment, but did not grant Tristrata's requested $687,000 in damages plus attorney's fees. Instead, it ordered Tristrata to submit an itemized statement of damages and the basis for the damages, so that MSTR will have an opportunity to respond.

Tristrata Technology, Inc. v. Medical Skin Therapy Research, Inc., C.A. No. 06-644-JJF (D. Del. July 20, 2010)

Full post as published by Delaware IP Law Blog on July 22, 2010 (boomark / email).