In plaintiff's product disparagement claim against defendant, jury's verdict for the plaintiff and award of $4.5 million in damages for lost profits is affirmed but the jury award is remanded to limit plaintiff's recovery to $2.7 million for it to accept or insist upon a new trial as to damages.
Appeal from the United States District Court for the District of Massachusetts
Decided December 23, 2009
Per Curium Opinion
For Appellant: Peter D. Vogl, Todd R. Geremia and Jones Day