This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Intellectual Property
Patent Infringement

WCM Industries Inc. v. IPS Corporation, American Brass & Aluminum Foundry Company, and John Doe

Published: Nov. 14, 2015 | Result Date: Oct. 27, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 2:13-cv-02019-JPM-TMP Verdict –  $1,241,520

Facts

WCM Industries Inc. sued its competitor IPS Corporation for patent infringement of six of WCM's patents relating to "overflow assemblies" for use in bathtubs.

Contentions

PLAINTIFF'S CONTENTIONS:
WCM contended that defendant copied its products and imported such copied products from overseas to undercut WCM's prices and steal its customers. It contended that defendant engaged in this behavior despite defendant's agreement in a prior consent judgment relating to its past acts of infringement.

DEFENDANT'S CONTENTIONS:
Defendant denied infringing WCM's patents and counterclaimed to have the patents in question declared invalid.

Result

The jury returned a verdict in favor of WCM, finding that IPS willfully infringed six of WCM's patent claims. It also found such patent claims were valid. It found that IPS sold 1,241,524 infringing units and that the reasonable royalty rate per unit owed to WCM for the infringement was $1.

Other Information

FILING DATE: Jan. 9, 2013.


#110743

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390