United States Federal Circuit

In a suit alleging infringement of a patent for an electronic governor system for internal combustion engines, a finding of willful infringement and award of damages and attorney's fees are affirmed in part, vacated in part, and remanded in part where: 1) the Seventh Amendment required that plaintiff be given the option of a new trial on compensatory damages after the court reduced the jury's damages award; 2) a jury instruction on actual notice of infringement did not fairly and concretely state the issues and the law; 3) substantial evidence supported the finding of infringement; 4) there was no abuse of discretion in the amount of attorney's fees awarded; and 5) any error in a jury instruction on willfulness did not affect defendant's substantial rights.

Appellate Information

• Decided 10/17/2008
• Published 10/17/2008

Judges

• GAJARSA, Circuit Judge., Before NEWMAN, PLAGER, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Christopher T. Hill, Scarborough, Hill & Rugh, of Orlando, Florida, argued for plaintiff-appellant.   With him on the brief were Herbert L. Allen and Stephen H. Luther, Allen, Dyer, Doppelt, Milbrath & Gilchrist, of Orlando, FL.


• For Appellees:
  
• Kenneth C. Bass, III, Sterne, Kessler, Goldstein & Fox P.L.L.C., of Washington, DC, argued for defendant-cross appellant.   With him on the brief was Jon E. Wright.   Of counsel on the brief was Joseph J. Jacobi, Kirkland & Ellis LLP, of Chicago, IL.