Knobbe/Martens: Intellectual Property Law

Court Doubles Damages Award Against Briggs and Stratton for Willful Infringement

By Brian Horne April 19, 2019

A Nebraska court upheld a jury’s reasonable royalty award of more than $14 million for infringement of Exmark’s patent relating to lawnmower baffles.  An appellate court had vacated a previous jury award and remanded the case for a new damages trial.  In addition to upholding the jury’s award, the court doubled that award due to Briggs and Stratton’s willful infringement.  The court also added nearly $6 million in prejudgment interest.  The court had previously calculated interest using the U.S. Treasury rate.  The court reconsidered that ruling and conceded that such a low rate would unfairly punish Exmark.  Thus, the court recalculated interest using the prime rate for the time after Exmark filed the lawsuit.

This case is: Exmark Manufacturing Co., Inc. v. Briggs & Stratton Corp., 8:10CV187 (D. Neb.)

Meet the Knobbe Martens Attorneys

  Court Doubles Damages Award Against Briggs and Stratton for Willful Infringement
Brian Horne is an experienced trial lawyer who litigates throughout the country for both plaintiffs and defendants. Mr. Horne has been a member of trial teams that have won more...
Attorney Finder