March 27, 2023


Learn Business From Experience

Patentees Can Nonetheless Win within the US

2 min read

Patentees Can Still Win in the US

Provisur Applied sciences, Inc. v. Weber, Inc., Docket No. 5:19-cv-06021 (W.D. Mo. Feb 22, 2019)


A jury has sided with Provisur and issued a $10 million verdict in opposition to its  food-processing equipment competitor Weber Maschinenbau. That is about half what Provisur requested.

The patents cowl numerous numerous high-speed slicers, conveyors, and packaging gear.  I spent a summer time engaged on the road of a bacon packing manufacturing unit and understand how vital it’s to have equipment that’s speedy and protected, and works properly even with variable inputs and poorly educated handlers.

Following a nine-day trial, an eight-member jury discovered claims from three of the 4 asserted patents infringed.  The Decide within the case is Stephen Bough, a 2014 Obama appointee.  In instances like these, Decide Bough typically seats a six-member jury with two alternates. (Below FRCP 48, the jury must have not less than six jurors in an effort to render a verdict in civil instances). 

The jury additionally discovered the infringement willful. The patentee will possible use that willfulness verdict to request punitive damages.   In post-verdict motions, the defendant will possible renew its movement for Judgment as a Matter of Regulation. A key query is raised within the pre-verdict JMOL movement was whether or not the patentee is entitled to rely on an Total Market Worth Rule to calculate damages reasonably than an apportionment method.  The patentee additionally indicated in its pre-trial transient that it deliberate to additionally search injunctive damages.  That equitable problem is determined by a decide reasonably than jury.

One attention-grabbing side of the decision is that the jury was licensed to to resolve the case on both literal infringement or underneath the doctrine of equivalents (DOE).  The decision type didn’t, nevertheless, require the jury to differentiate between the 2. Thus, the decision might be upheld on both floor. I’ve included the jury directions on DOE under.

The patentee was represented by Willkie Farr & Gallagher on a staff led by Craig Martin.  Sterne Kessler represented the defendants.  This seems to be considered one of a number of ongoing patent battles between the 2 events in US courtroom, the PTAB, and overseas.

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