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SurgiQuest v. Lexion Med., Inc.

United States District Court for the District of Delaware

May 16, 2018, Decided; May 16, 2018, Filed

CA.No. 14-382-GMS

Opinion

MEMORANDUM

I. INTRODUCTION1

In this false and misleading advertising and unfair competition action, Plaintiff, and counterdefendant, SurgiQuest ("SurgiQuest") alleges that Lexion Medical, Inc., and counterplaintiff, ("Lexion") participated in false and misleading advertising activities. (D.I. 1.) The court held a six-day jury trial in this matter on April 3 through April 11, 2017. (D.I. 261-66.) At trial, Plaintiff properly moved for judgment as a matter of law ("JMOL") at the end of Defendant's case pursuant to Rule 50(a) of the Federal Rules of Civil Procedure and again at the close of evidence. (D.I. 243); (D.I. 253 at 1-2); Tr. 1422:9-16.2

On April 11, 2017, the jury returned a verdict in favor of Lexion on the issue of false advertising under the Lanham Act and under Delaware's Unfair Competition Law, and awarded compensatory damages in the amount of $2.2 million and punitive damages of $10 million. Tr. 1782:3-1783:24; (D.I. 253 at 2.) The court entered judgment on the verdict on April 13, 2017. (D.I. 249.) [*3] 

Presently before the court is SurgiQuest's motion for judgment as a matter of law and Lexion's motions for permanent injunction, disgorgement of profits, attorney's fees, prejudgment interest, and post-judgment interest. (D.I. 252); (D.I. 255.)3 Having considered the entire record in this case, the substantial evidence in the record, the parties' post-trial submissions, and the applicable law, the court will deny all motions. The court's reasoning follows.

II. STANDARD OF REVIEW

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2018 U.S. Dist. LEXIS 82323 *; 2018 WL 2247216

SURGIQUEST, Plaintiff, Counterdefendant, v. LEXION MEDICAL, INC., Defendant, Counterplaintiff.

Prior History: Northside Hosp., Inc. v. Lexicon Med., LLC, 2016 U.S. Dist. LEXIS 196515 (N.D. Ga., July 15, 2016)

CORE TERMS

false advertising, customers, argues, damages, consumers, punitive damages, disgorgement, asserts, literally, deceived, sales, air, profits, prejudgment interest, jury instructions, attorney's fees, salesperson, surgeons, motions, patient, permanent injunction, false statement, Lanham Act, products, abdomen, weighs, smoke, sales representative, purchasing, hearsay