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Court Upholds Patent Damages Award, Giving Patent Owner More Than It Requested

| Mark Kachner

A Chicago jury previously awarded Kolcraft Enterprises more than $3 million in damages based on Artsana’s infringement of U.S. Patent No. 7,376,993, related to infant play equipment.  Because the jury awarded Kolcraft almost half-a-million dollars more that Kolcraft requested, Artsana asked that Court overturn the jury verdict or order a new trial.  The Court rejected Artsana’s request.  The Court held that Kolcraft submitted sufficient evidence to support the jury’s 7.7% effective royalty rate.  The Court also permanently enjoined Artsana from future infringement.  However, because the jury award exceeded Kolcraft’s damages request, the Court declined to enhance the damages award for Artsana’s willful infringement.

Editors: Brian Horne, Yanna S. Bouris & Paul Stewart