Editor: John Sganga, Joe Cianfrani, and Boris Zelkind
Patent Judgments & Awards
On February 8, 2018, Judge Andrew Guilford of the District Court for Central District of California increased a jury award against Custom Blinds and Components Inc. (“CBC”) for patent infringement from just over $1 Million to $3 Million. Judge Guilford also awarded $400,000 in attorneys’ fees and $166,299 in pre-judgment interest. The jury trial concluded a three-year long litigation battle, which began when Genes Industry Inc. (“Genes”) sued CBC for patent infringement for CBC’s sales of a component of a window blind system called a cord tilter, which is used for opening and closing window blinds. CBC’s gross revenue from its sales of the infringing cord tilter product was over $13 million and the net revenue was over $2.6 million. In view of the jury’s finding that CBC’s infringement was willful and because CBC’s conduct during litigation evidenced disrespect for the patent system, the court granted Genes’ request to treble the $1 Million jury award to $3 Million. The court also found that an award of attorney’s fees was appropriate, but did not grant Genes’ full request of attorneys’ fees. The court limited its award of attorneys’ fees to $400,000 of the approximately $750,000 in fees requested. CBC has appealed the decision to the Federal Circuit.
