Syntrix Biosystems, Inc. v. Illumina, Inc., No. C10-5870 BHS, Slip op. (W.D. Wash. June 5, 2013)
Don’t neglect pre-judgment interest when figuring your damages. If you miss making a sound case for this element, your final award might be less than what you would like. For example, in Syntrix, the court split the difference between the prime rate and the T-Bill rate.
After a jury verdict in its favor, Plaintiff moved for (1) prejudgment interest, and (2) supplemental damages. Id., Slip op. at 2.
The court granted the motion for supplemental damages when Defendant did not respond to the motion regarding and Plaintiff represented that the parties were in agreement on the base sales and warranties. Id.
The parties disagreed on the appropriate amount of pre-judgment interest. Plaintiff sought the prime rate while Defendant advocated the more conservative T-Bill rate. Id., Slip op. at 3. Relying on Oiness and Devex, the court split the difference between the two rates and ordered pre-judgment interest at that amount. Id. The court asked the parties to calculate the amount of interest at that rate up to the date of the order, and to provide a daily calculation up to the date of the judgment. Id.