Although extremely rare, a Western District of Tennessee court ruled last week that “treble damages are appropriate” in the patent infringement case Sheridan Ross filed on behalf of its client WCM Industries and its Watco Manufacturing division. And, in a separate order issued on May 16, the court issued a permanent injunction giving the opposing party until mid-August to remove all infringing products from the marketplace.
Sheridan Ross Shareholder Ian Walsworth led the firm’s trial team, which also included firm Co-President Todd Blakely, and associates David Kellis, Hiwot Covell, Kendria Pearson and John Heuton. The team also worked with Stanley Gibson of Jeffer Mangels Butler & Mitchell LLP and Glen Reid Jr. of Wyatt Tarrant & Combs LLP.
Ian Walsworth Todd Blakely David Kellis Hiwot Covell Kendria Pearson John Heuton
Case History:
On Oct. 27, 2015, WCM Industries received a favorable jury verdict in the Western District of Tennessee in connection with its patent infringement case against IPS Corporation. The jury verdict found that IPS willfully infringed WCM’s patents directed to bath waste and overflow assemblies, and that all six patent claims were valid. Following the jury verdict, IPS filed six post-trial motions, all of which were denied by the court.
On May 12, 2016, the court granted WCM’s request to enhance the jury’s damage award due to IPS’s willful infringement. In granting WCM’s Motion for Enhanced Damages, the court found that: “based on the egregious nature of IPS’s conduct, that treble damages are appropriate.”
The court trebled the amount of the judgment against IPS and in favor of WCM to over $4.1 million. The $4.1 million judgment will increase to include every Classic product sold by IPS since the conclusion of trial.
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Law360 article summary
Court Order Granting Enhanced Damages
Court Order Granting Permanent Injunction