Facts

Plaintiff Mytee Products Inc. made a product called 'Banana Glide.' Mytee alleged three patents - Patent Nos. 6,298,577 (577), 6,266,892 (892), and 6,981,338 (338) - belonging to defendant Harris Research Inc. were invalid and that Banana Glide did not infringe on them. Harris counterclaimed for infringement of the patents-in-suit. Later, Harris dismissed its counterclaim with regards to 338 in anticipation of a prior art reference. Harris later dedicated 338 to the public.

PLAINTIFF/COUNTER-DEFENDANT'S CONTENTIONS:
Mytee claimed Harris' patents were invalid and that Mytee's product did not infringe on them even if they were valid. Further, Harris' patent infringement claim was an exceptional case for which attorney fees may be awarded.

DEFENDANT/COUNTER-CLAIMANT'S CONTENTIONS:
Harris claimed Mytee willfully infringed its patents and was liable for damages.

Result

The jury found that Mytee infringed on the 577 and 892 patents, but that the infringement was not willful, and awarded Harris damages of $36,165.

Other Information

FILING DATE: Sept. 13, 2006.