Riggs Marketing, Inc. v. L.E. Mitchell and Mitchell Golf Equipment Co.
Published: Mar. 28, 1998 | Result Date: Mar. 4, 1998 | Filing Date: Jan. 1, 1900 |Case number: CVN9600093 – $0
Judge
Court
USDC Nevada
Attorneys
Plaintiff
Defendant
Facts
Plaintiff Riggs Marketing Inc. (RMI) was the designer and distributor of the Universal Loft and Lie Bending Machine, a device used to adjust the loft and lie of golf clubs. L. Edward Mitchell (Mitchell) accused RMI's Universal device of infringing U.S. Patent No. 4,620,431 ('431 Patent). Mitchell originally asserted two patents against RMI, the other being U.S. Patent No. 5,429,098. However, that claim was decided in RMI's favor on summary judgment prior to trial. The plaintiff brought this declaratory relief action against the defendant and sought an injunction against Mitchell from infringing upon its Universal trademark.
Settlement Discussions
The plaintiff made a settlement demand of attorney fees. The defendant made a demand of $30,000 per year for a license to use the '431 patent.
Damages
The defendant claimed patent infringement damages of $21,500. Plaintiff sought to enjoin defendants from infringing upon its "Universal" trademark.
Result
The jury determined that the Universal device did not infringe the '431 patent because it did not have the literal or substantial equivalent of at least three elements of Claim 1 of the patent. The jury also found that RMI has a valid Universal trademark which was willfully infringed by Mitchell and his corporation, Mitchell Golf Equipment Company (MGEC). As a consequence, both Mitchell and MGEC will be permanently enjoined from using the Universal mark with respect to its loft and lie bending machines.
Other Information
The verdict was reached approximately two years and one month after the case was filed.
Deliberation
seven hours
Poll
8-0 (unanimous)
Length
eight days
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