Free Order - District Court of Federal Claims - federal

Case 1:96-cv-00408-LAS

Document 149

Filed 11/02/2007

Page 1 of 2

In the United States Court of Federal Claims
********************** INNOVAIR AVIATION, LIMITED Plaintiffs, v. THE UNITED STATES, Defendant. ********************** * * * * * * * * *

Case No. 96-408 C Senior Judge Smith Filed: November 2, 2007

ORDER

The overall purpose of the parties' post-trial briefs is to assist the Court in determining the crucial evidentiary and legal questions at the heart of this dispute. The following questions address issues that the Court believes need to be clarified in order to reach a final judgment. A subsequent order will direct the parties to respond to these questions, within a word limit, in their post-trial briefs. Either party may, if it deems necessary, submit proposed additional questions for the consideration of the Court. Proposed additional questions shall be submitted in writing on or before November 9, 2007. The Court will then issue an order with the final questions for post-trial briefing and a schedule for such briefing.

1. What is the proper legal standard for determining damages? 2. What is the most appropriate economic measure of damages? 3. What are the dates of the relevant damages period? 4. How many total kits would Innovair have sold? 5. What was the profitability of each sale? 6. Did UTC and Innovair have an enforceable contract? If so, what were UTC's purchase obligations under the contract? 7. What value would an investor have placed on the TLA with the UTC contract? 1

Case 1:96-cv-00408-LAS

Document 149

Filed 11/02/2007

Page 2 of 2

8. Would Innovair have been profitable without access to the technology owned by BTC and BFS? 9. Would it have been more probable than not that Innovair could have obtained the various optional parts, such as the long range fuel tank, without cooperation from BTC and BFS?

IT IS SO ORDERED.

s/Loren A. Smith LOREN A. SMITH, Senior Judge

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