Case Name: Norgren Automation Solutions, Inc. v. K & A Tool Company

Docket Number: 5:2011-cv-12608

Date Filed: 6/20/2011

Judge: Hon. John Corbett O'Meara

Status: Closed

On June 20, 2011, Norgren Automation Solutions, Inc. (“Plaintiff”) against K & A Tool Company (“Defendant”) for patent infringement of U.S. Patent Nos. 5,071,309 (“the ‘309 patent”), entitled “Mounting Arrangement for a Multi-function Arm,” and 6,540,188 (“the ‘188 patent”), entitled “Mounting Arrangement for a Multi-function Arm.” Plaintiff asserted that Defendant infringed on the ‘409 and ‘188 patents by making, using, offering for sale, and/or selling, without permission from Plaintiff, tooling arms that were especially designed, made, and adapted for use in a combination that falls within the scope of at least one claim of each of the patents. Plaintiff requested the following relief: a judgment declaring that Defendant infringed on both the ‘309 and ‘188 patents; an award of all damages that Plaintiff experienced as a result of Defendant’s infringement; costs and reasonable attorneys’ fees; a preliminary and permanent injunction; an order requiring Defendant to turn over all remaining inventory of any infringing products; and any other judgment that the court found equitable.

On April 30, 2013, the court entered a Consent Judgment and Order, which: (1) held that Defendant had infringed on the ‘309 and ‘199 patents, but not willfully; (2) dismissed with prejudice Defendant’s defenses and affirmative defenses; (3) enjoined Defendant from manufacturing, using, offering to sell, or selling (except to sell to Plaintiff pursuant to a separate agreement between the parties) the infringing products; (4) held that both parties had waived their right to appeal; and (5) held that judgment was a final resolution to the action and that each party was to bear its own fees and costs in connection with the action, including attorneys’ fees.