CALL US: 206.533.3854
CALL US  206.533.3854
AEON law logo on grey background

What it looks like to win a patent infringement case

Portland chain maker wins $2m in patent infringement case

This is a Portland case, but I thought you’d find it interesting anyway. The plaintiffs, a Portland chain maker called Blount, Inc., sued a handful of defendants for patent infringement. The jury returned a $2m verdict a few days ago, so I thought I’d show you what $2m looks like on a special verdict form.

Oftentimes, the litigants will ask for a “special verdict.” This requires the jury to answer specific questions to determine exactly what their findings of fact were. That is to say, the jury doesn’t just say “you win” or “you lose,” they tell you why. I uploaded it for your review.

What I found particularly interesting is what the jury determined about the level of “ordinary skill in the art.” This was a factual determination they had to make to help determine whether the chain was legally obvious under 35 U.S.C. 103. The jury rejected either the plaintiff’s or defendant’s position on this point, and instead it looks like they took both! They said:

A minimum of three years of technical engineering experience in the design and use of of outdoor power equipment; or a technical education in mechanical engineering and one year of experience in the design of outdoor power equipment and use.

What you’ll likely find more interesting, however, is the bottom line. Notice the plaintiffs are recovering for both royalties and price erosion. Here it is:

Jury's verdict form in Blount

All in all, it looks like the litigants had a thoughtful jury. Here’s the full form:

Blount-Verdict-Form

Related Articles

Patent Board Rejects Amazon Listing as Prior Art

The Patent Trial and Appeal Board (PTAB or Board) has found that an Amazon.com product listing doesn’t qualify as “prior art” in an inter partes ...
Read More

Thomson Reuters Wins Copyright Decision Involving AI

Thomson Reuters has won a summary judgement in a copyright case involving artificial intelligence (AI). In a sometimes-poetic decision, Judge Bibas revised his 2023 summary judgement ...
Read More

New Year, New Challenges for IP Owners

This Lunar New Year brings the Year of the Snake, a time known for wisdom and transformation. The theme of transformation is particularly relevant to ...
Read More

Let's work together.

Contact us to set up a meeting with an attorney or team member.

Stay Informed

Sign up to receive Patent Poetry—a monthly roundup of key IP issues in our signature haiku format. Four articles (only 68 syllables); zero hassle.

SECTORS

HIGH
TECHNOLOGY

Artificial Intelligence

Blockchain & Cryptocurrency

Computer Technology & Software

Consumer Electronics

Electrical Devices

MECHANICAL
& PRODUCTS​

Cleantech

Mechanical Devices

Consumer & Retail Products

Hardware & Tools

Toys & Games

LIFE SCIENCES
& CHEMISTRY​

Biotechnology

Chemical Compounds

Digital Health

Healthcare Products

Pharmaceuticals

BRANDING
& CREATIVE​

Books & Publications

Brand Creation

Luxury Products

Photography & Video

Product Design

call us  206.533.3854