Federal Judiciary

Verdict in Colucci v. Callaway

By Michael C. Smith

I'm too busy catching up with yesterday's e-mails to come up with a bad golf pun, so I'll report it straight.  On Friday a Tyler jury in Judge Love's court broke the tie of two wins each in patent trials thus far this year - sort of - finding that although the accused products did not infringe literally, they did infringe one of the two asserted claims under the doctrine of equivalents.  The jury found that neither of the patents had been shown to be invalid by clear and convincing evidence, and assessed $135,416.00 in damages for the infringement.

The jury rejected completely the plaintiff's trade dress claims.

Full post as published by Eastern District of Texas Federal Court Practice on March 09, 2010 (boomark / email).