NYI-4318078v1

UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

MARINE POLYMER TECHNOLOGIES, INC.,

Plaintiff,

v.

HEMCON, INC.,

Defendant.

Hon. Joseph A. DiClerico, Jr.

Civil Action No. 06-CV-100-JD

MARINE POLYMER’S RULE 59(e) MOTION TO AMEND THE JUDGMENT

NOW COMES the Plaintiff, Marine Polymer Technologies, Inc. (“Marine Polymer”), by

its attorneys, and respectfully moves the Court pursuant to Fed. R. Civ. P. 59(e) to amend the

judgment (Dkt. 446) to include damages for Defendant HemCon, Inc.’s (“HemCon”)

infringement from January 1, 2010 through the judgment, pre- and post-judgment interest, and

post-judgment damages. In support of its motion, Marine Polymer states:

1. On September 22, 2010, this Court entered judgment (Dkt. 446) in favor of

Marine Polymer in accordance with, inter alia, the jury’s award to Marine Polymer of a

reasonable royalty of $29,410,246 for HemCon’s infringement through December 31, 2009. A

damages award for the period of January 1, 2010 to September 22, 2010, computed to be

$879,988 by Marine Polymer’s expert, is necessary to compensate Marine Polymer for

HemCon’s infringement during that time.

2. Under 35 U.S.C. § 284 and prevailing case law, an award of prejudgment interest

for damages accrued before September 22, 2010 is warranted. Marine Polymer’s expert

computed the prejudgment interest to be $3,916,371.

3. The Court has awarded Marine Polymer post-judgment interest at a rate of 0.26

percent. Dkt. 446. Based on this, Marine Polymer’s expert computed the post-judgment interest

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to be $244 per day, provided the judgment is paid within one year of judgment.

4. The Court also entered a permanent injunction against further infringement by

HemCon (Dkt. 439), which is currently administratively stayed by the Federal Circuit. Marine

Polymer is entitled to damages for infringement during this stay, computed by its expert to be

$3,553 per day.

5. A memorandum of law, incorporated herein by reference, is submitted along with

this Motion.

6. Pursuant to Local Rule 7.1(c), a good faith attempt has been made to obtain

concurrence in the relief sought in this motion. HemCon has not yet advised of its position on

the relief requested in the motion.

WHEREFORE, Marine Polymer respectfully requests that this Honorable Court:

A. Grant Marine Polymer damages for HemCon’s infringement from January 1,

2010 through the September 22, 2010 judgment, in the amount of $879,998;

B. Grant Marine Polymer prejudgment interest, in the amount of $3,916,371;

C. Grant Marine Polymer post-judgment interest in the amount of $244 per day,

provided the judgment is paid within one year of judgment;

D. Grant Marine Polymer post-judgment damages for HemCon’s continued

infringement during the stay of the injunction, in the amount of $3,553 per day; and

E. Grant to Marine Polymer such other and further relief as this Court deems just,

equitable, and proper.

Date: October 20, 2010

Respectfully submitted,

/s/ Jonathan M. Shirley

Brian M. Poissant (admitted pro hac vice)

Ognian V. Shentov (admitted pro hac vice)

Lynda Q. Nguyen (admitted pro hac vice)

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Julie M. Baher (admitted pro hac vice)

JONES DAY

222 East 41st Street

New York, New York 10017

Telephone: (212) 326-3939

Facsimile: (212) 755-7306

Daniel E. Will (# 12176)

Jonathan M. Shirley (# 16494)

DEVINE MILLIMET

111 Amherst Street

Manchester, NH 03105

(603) 669-1000

ATTORNEYS FOR PLAINTIFF

MARINE POLYMER TECHNOLOGIES, INC.

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CERTIFICATE OF SERVICE

I, Jonathan M. Shirley, hereby certify that I caused the foregoing MARINE

POLYMER’S RULE 59(e)MOTION TO AMEND THE JUDGMENT to be served upon the

following via electronic transmission in accordance with the Court’s Administrative Procedures

for Electronic Case Filing pursuant to L.R. 5.4(a) on October 20, 2010.

Elizabeth M. Leonard, Esq.

WIGGIN & NOURIE, P.A.

670 North Commercial Street, Suite 305

P.O. Box 808

Manchester, NH 03105-0808

Phone: (603) 669-2211

Raymond A. Kurz, Esq.

Celine Crowson, Esq.

Rebekah L. Osborne, Esq.

Keith B. O’Doherty, Esq.

HOGAN LOVELLS US LLP

555 Thirteenth Street, NW

Washington, DC 20004

Phone: (202) 637-5600

/s/ Jonathan M. Shirley

Jonathan M. Shirley

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