Case Cite

Alps South, LLC v. The Ohio Willow Wood Comp., No. 8:08-cv-1893-T-35-MAP, slip op., (M.D. Fla. May 9, 2013) (Dkt. No. 420).

IPDQ Commentary

The Alps South court found for Plaintiff on every damages-related post-trial issue after the jury found the patent valid and willfully infringed.  Given the down-side risk, it is always a good idea to think about just how badly things can go wrong.

Case Summary

Plaintiff sued alleging infringement of two patents.  Slip Op. at 1.  Ultimately, Plaintiff dismissed claims as to one of the two patents. Slip Op. at 2.  The jury found the remaining patent was not invalid and that Defendant willfully infringed.  Id.  On Plaintiff’s post-trial motion, the district court:

  • Analyzed the Read Corp. factors and concluded damages would be doubled.  Slip Op. at 4.
  • Found the case exceptional under 25 U.S.C. §285 and awarded attorneys’ fees.  Slip Op. at 5.
  • Awarded prejudgment interest under 25 U.S.C. §284 at the applicable rate as of the date the patent-in-suit was reissued.  Slip Op. at 7.
  • Awarded post-judgment interest pursuant to 28 U.S.C. §1961.  Slip Op. at 7.
  • Taxed costs of $95,000 in favor of Plaintiff pursuant to 289 U.S.C. §1920. Slip Op. at 7.
  • Found Plaintiff was entitled to an accounting for supplemental damages for ongoing infringing sales at the 20% royalty rate found by the jury.  Slip Op. at 13.