Facts

In 2004, plaintiffs Calico Brands Inc. and Honson Marketing Group Inc., manufacturers of house-hold utility lighters, discovered defendants Ameritek Imports and ACME International had infringed on plaintiffs' patents relating to child-restraint safety mechanisms by using, selling, and importing certain utility lighters. They sued defendants for patent infringement. The defendants admitted infringing the patents. The court granted plaintiffs' motion for summary judgment and the case proceeded to trial on the issue of damages only.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended defendants' patent infringement resulted in lost sales and damaged plaintiffs' business reputations.

DEFENDANTS' CONTENTIONS:
The defendants contended their infringement caused no substantial damages.

Damages

The plaintiffs sought monetary damages for defendants' infringement.

Result

The jury returned a verdict in favor of plaintiffs. Ameritek was ordered to pay $719,395 and ACME was ordered to pay $178,035. The judgment was joint and several for the total amount of $719,395. Should Ameritek pay the full amount, ACME would not be required to pay anything; should ACME pay the amount, Ameritek was to receive credit in that amount and pay only the remaining balance of $541,360.

Other Information

Defendants have filed an appeal.