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James R. Barney

Post-Trial Misdeeds Justify Fees Award in Patent Case

August 29, 2016

Bloomberg BNA

On August 26, 2016, a Tennessee district court judge issued attorneys' fees to Finnegan client WCM Industries, Inc., after finding that IPS Corporation willfully infringed WCM's patents and then later behaved inappropriately post-trial.

Upon finding that IPS willfully infringed its patents, WCM requested a permanent injunction. The court granted the injunction and IPS was ordered to inform its 6,000 plus distributors of the verdict and the injunction. However, IPS withheld important information and misrepresented its ability to send electronic notices to its distributors, as well as receive receipt confirmations from the distributors. The court found that IPS's behavior caused unnecessary motion practice and ordered the company to pay attorneys' fees to WCM.  

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