Jury award in design-patent case vacated in light of Apple v. Samsung

Nordock v. Systems is a nonprecedential case decided on March 17, 2017 on appeal from the Eastern District of Wisconsin, on remand from the Supreme Court. There, a jury found defendant Systems infringed plaintiff Nordock’s design patent, and awarded Nordock $46,825 as a reasonable royalty, indicating that Systems’ profits were $0. The …

Preliminary injunction upheld because the loss of a potential lifelong customer is irreparable

Metalcraft of Mayville v. Toro was decided on February 16, 2017 on appeal from the Eastern District of Wisconsin. The patent relates to a system for ride-on lawnmowers. The district court granted plaintiff Metalcraft a preliminary injunction enjoining defendant Toro from making, using, selling, and offering to sell lawnmowers equipped with …

If both § 289 and § 284 damages are sought, the jury must consider the infringer’s total profits

Nordock v. Systems was decided on September 29, 2015 on appeal from the Eastern District of Wisconsin. There, a jury found defendant Systems infringed plaintiff Nordock’s design patent, and that the patent was not invalid. Nordock’s damages expert testified that System’s net profit for the sale of the infringing items was …