Experience
WCM Industries, Inc.
IPS Corporation
On a return trip to the U.S. Court of Appeals for the Federal Circuit for Finnegan client WCM Industries, the Federal Circuit affirmed the district court’s award of enhanced damages. WCM makes innovative bathtub overflow drains and has achieved great commercial success with its patented invention. When competitor IPS Corp. copied WCM’s design, WCM sued for patent infringement in the Western District of Tennessee. A jury found for WCM on infringement and willful infringement, and the district court awarded enhanced damages.
Finnegan was brought in as lead counsel on appeal to the Federal Circuit, which affirmed the judgment of willful infringement, but vacated the enhanced damages award. The appellate court remanded the case to the district court for further analysis and to determine the amount of enhanced damages. Finnegan took the lead in the district court on remand, and this time, District Judge Jon Phipps McCalla awarded a 2.5 enhancement multiplier of actual damages for IPS’s willful infringement. On appeal, the Federal Circuit rejected IPS’s argument that the district court failed to follow its mandate and upheld the award of enhanced damages to WCM.
WCM Industries, Inc. v. IPS Corporation, 19-1773, Fed. Cir., Judges Prost, Linn, Taranto
WCM Industries, Inc. v. IPS Corporation, 16-2211, -2268, Fed. Cir., Judges Prost, Taranto, Wallach
WCM Industries, Inc. v. IPS Corporation, 2:13-cv-02019, W.D. Tenn., Judge McCalla
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