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
Court
USDC Tennessee
Attorneys
Plaintiff
Stanley M. Gibson
(Jeffer Mangels Butler & Mitchell LLP)
Defendant
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.
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