Pre-Judgment Interest Rate Set to Prime Rate

Briese Lichttenchink Vertriebs GmbH et al. v. Brent Langton et al.

Case Number: 1:09-cv-09790-SC-MHD (Dkt. 480)

Judge Conti, having previously trebled a $300K jury award for patent infringement of U.S. Patent No. 5,841,146, entitled “Reflector,” ordered pre-judgment interest to be set at the prime rate, i.e., 3.5%. Citing Uniroyal Inc. v. Rudkin-Wiley Corp., 939 F.2d 1540, 1545 (Fed. Cir. 1991), the court stated that it had “wide latitude” to select an interest rate. Plaintiffs argued for the New York Civil Practice Law and Rules rate of 9%, and defendants argued for the federal post-judgment rate of 0.13%. Further, the judge awarded $1 for a trade libel counterclaim.

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