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W.R. Grace & Co.-Conn. v. Intercat, Inc. and Conoco, Inc.

Date: 08-09-1999

Case Number: 93-522-LON

Judge: Longobardi

Court: United States District Court for the District of Deleware

Plaintiff's Attorney: Robert H. Richards III, of Richards, Layton & Finger, Wilmington, Delewar; of counsel: John J. Mackiewicz, Gary H. Levin, and David R. Bailey of Woodcock, Washburn, Kurtz, Mackiewicz & Norris, Philadelphia, Pennsylvania

Defendant's Attorney: Arthur G. Connolly, Jr., of Connolly, Bove, Lodge & Hutz, Wilmington, Delaware; of counsel Nels T. Lippert, William P. DiSalvatore, and Chase Romick of White & Case, New York City, New York

Description:
Patent Infringement - W.R. Grace & Co.-Conn. owned five patents relating to a composition, or the use of a composition, to reduce sulfur oxide emissions from hydrocarbon conversion processes. From these patents, Grace produced a product called DESOX which attained a 95% market share for sulfor oxide reduction processes. Grace sued for patent infrinegment when defendant, Intercat, Inc., introduced competing products which obtained 15% of the market share. A key aspect of the case was appropriate computation of damages.
Outcome:
Plaintiff's Verdict - Court awarded Grace $4,145,356.00 for lost profits from lost sales and price erosion damages of $3,837,930.00 plus interest. The court then doubled this award to $15,966,572.00 plus attorneys fees because the infringement was willful and exceptional. Defendant Conoco was held jointly and severally liable for $851,082.00 plus interest. The defendants were also permanently enjoined from producing the products.
Plaintiff's Experts:
Kevin Dennis, damages expert; Steve Davey, damages expert
Defendant's Experts:
John Bone, damages expert
Comments:
The trial and order is reported at 7 F.Supp.2d 425 (D. Del. 1997). Affirmed by the Court of Appeals for the Federal Circuit. The damages computation trial was reported separately at 60 F.Supp.2d 316 (D. Del. 1999). Reported by C.H.
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About This Case

What was the outcome of W.R. Grace & Co.-Conn. v. Intercat, Inc. and Conoco, Inc.?

The outcome was: Plaintiff's Verdict - Court awarded Grace $4,145,356.00 for lost profits from lost sales and price erosion damages of $3,837,930.00 plus interest. The court then doubled this award to $15,966,572.00 plus attorneys fees because the infringement was willful and exceptional. Defendant Conoco was held jointly and severally liable for $851,082.00 plus interest. The defendants were also permanently enjoined from producing the products.

Which court heard W.R. Grace & Co.-Conn. v. Intercat, Inc. and Conoco, Inc.?

This case was heard in United States District Court for the District of Deleware, DE. The presiding judge was Longobardi.

Who were the attorneys in W.R. Grace & Co.-Conn. v. Intercat, Inc. and Conoco, Inc.?

Plaintiff's attorney: Robert H. Richards III, of Richards, Layton & Finger, Wilmington, Delewar; of counsel: John J. Mackiewicz, Gary H. Levin, and David R. Bailey of Woodcock, Washburn, Kurtz, Mackiewicz & Norris, Philadelphia, Pennsylvania. Defendant's attorney: Arthur G. Connolly, Jr., of Connolly, Bove, Lodge & Hutz, Wilmington, Delaware; of counsel Nels T. Lippert, William P. DiSalvatore, and Chase Romick of White & Case, New York City, New York.

When was W.R. Grace & Co.-Conn. v. Intercat, Inc. and Conoco, Inc. decided?

This case was decided on August 9, 1999.