Patentees Can Still Win in the US

Patentees Can Still Win in the US

Provisur Technologies, Inc. v. Weber, Inc., Docket No. 5:19-cv-06021 (W.D. Mo. Feb 22, 2019)


A jury has sided with Provisur and issued a $10 million verdict towards its  meals-processing machinery competitor Weber Maschinenbau. This is about 50 % what Provisur requested.

The patents address many various high-velocity slicers, conveyors, and packaging gear.  I expended a summertime doing the job on the line of a bacon packing manufacturing unit and know how vital it is to have equipment that is fast and risk-free, and works nicely even with variable inputs and inadequately properly trained handlers.

Pursuing a 9-day demo, an eight-member jury observed statements from three of the 4 asserted patents infringed.  The Decide in the situation is Stephen Bough, a 2014 Obama appointee.  In instances like these, Choose Bough frequently seats a six-member jury with two alternates. (Under FRCP 48, the jury demands to have at minimum six jurors in order to render a verdict in civil instances). 

The jury also observed the infringement willful. The patentee will probably use that willfulness verdict to ask for punitive damages.   In publish-verdict motions, the defendant will likely renew its movement for Judgment as a Subject of Law. A vital concern is elevated in the pre-verdict JMOL movement was regardless of whether the patentee is entitled to count upon an Complete Sector Worth Rule to estimate damages somewhat than an apportionment method.  The patentee also indicated in its pre-trial short that it planned to also seek injunctive damages.  That equitable concern is determined by a judge rather than jury.

Just one fascinating component of the verdict is that the jury was approved to to make your mind up the case on either literal infringement or beneath the doctrine of equivalents (DOE).  The verdict kind did not, having said that, have to have the jury to distinguish in between the two. So, the verdict can be upheld on possibly ground. I have bundled the jury directions on DOE below.

The patentee was represented by Willkie Farr & Gallagher on a crew led by Craig Martin.  Sterne Kessler represented the defendants.  This seems to be just one of various ongoing patent battles involving the two events in US court, the PTAB, and overseas.