United States Federal Circuit

In an infringement action involving a patent which claims the ornamental design of a lip and hinge plate for a dock leveler, the district court's judgment awarding plaintiff $46,825 in damages as a reasonable royalty is: 1) vacated and remanded for a new damage calculation, where the court erred in its assessment of design patent damages under 35 U.S.C. section 289; and 2) affirmed as to the court's decisions a) denying defendant's motion for JMOL as to the validity of the patent, and of denial of plaintiff's Rule 59(e) motion with respect to the 6.5' dock levelers.

Appellate Information

• Decided 09/29/2015
• Published 09/29/2015

Judges

• O'MALLEY

Court

• United States Federal Circuit

Counsel