Buckberg

INTRODUCTION

Gerald D. Buckberg, M.D. appeals from a judgment following appeal entered December 2, 2011. He contends the superior court erred in calculating the amount of damages. Specifically, he contends (1) that he is entitled to postjudgment interest on the prejudgment interest included in the original judgment, and (2) that the trial court erred in calculating the amount of postjudgment royalties. We conclude that appellant is entitled to postjudgment interest on the prejudgment interest, and that he is entitled to a higher amount of postjudgment royalties. Accordingly, we reverse and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

The facts underlying this dispute are stated in this court‟s unpublished written decision in Buckberg v. Edwards Lifesciences Research Medical, Inc. (June 13, 2011, B219245). Essentially, the parties entered into two contracts (the Antegrade Agreement and the CSC Agreement) that provided royalty payments to appellant based upon a percentage of the net revenues from the sales or lease of certain medical devices. In 2007, the parties disputed respondent‟s obligations under the contracts, and whether respondent had extended the…