Federal Court Corrects $40,000 Typo in Saint-Gobain/Xinyi Patent
Infringement Suit, Upping Court Costs $384,882.99; Xinyi Motions
for May 31 for Stay While It Seeks Financing
April 15, 2010
The U.S. District Court for the Northern District of Ohio issued
an order this week correcting a $40,000 typo in its recent ruling
in favor of Saint-Gobain Autover et al. in its patent infringement
against Xinyi North America Inc. Though the court had ruled in favor
of Saint-Gobain Autover and its related companies, and had awarded
the requested damages in full, it had transposed two numbers in
its judgment entryawarding $348,882.99 in error, in lieu of
the intended amount, $384,882.99. The court issued an order this
week correcting the judgment owed by Xinyi to the latter, larger
HERE for related story.)
In addition, yesterday Xinyi North America filed a motion for a
stay of the execution of the judgment until May 31 in order
to provide sufficient time for Xinyi to secure an appropriate bond
or other surety instrument, according to court documents.
Xinyi has investigated, and is continuing to investigate,
the requirements of posting a bond or other surety instrument in
the amount of the aggregate judgment in this case, writes
the company in its motion for a stay. Xinyi has been informed,
however, that because it is a foreign company, this process may
take several weeks to complete.
In addition to its motion, a representative of Wells Fargo Insurance
Services filed a declaration on behalf of Xinyi noting that hes
submitted applications for a surety bond to five major surety companies
and also [is] soliciting other companies to secure the surety
Saint-Gobain filed the original suit in 2006, alleging that Xinyi
infringed on two of its patents, one titled "Spacer for Windshield
Bracket" (known in court documents as the '669 patent) and
one titled "Method of Centering Windshield Glazings" (referred
to as the '395 patent). Both patents involve windshields equipped
with "an extruded profiled spacer," according to a November
statement from Saint-Gobain Autover.
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