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 entry—awarding $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 number. (CLICK 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 he’s submitted applications for a surety bond to five major surety companies and “also [is] soliciting other companies to secure the surety bond.”

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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