Jury Orders Xinyi to Pay Nearly $11 Million
in Damages in Patent Infringement Suit
November 12, 2009
A jury has ordered Xinyi Glass North America and Xinyi Automobile
Glass Co. Ltd. to pay nearly $11 million in damages to Saint-Gobain
Autover USA and parent company Saint-Gobain Sekurit for patent infringement.
The ruling came as the result of a suit filed by Saint-Gobain alleging
that Xinyi infringed on two of its patents, allege that Xinyi Glass
North America and Xinyi Automobile Glass Co. Ltd. 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). The ruling came after a jury trial held in the U.S. District
Court for the Northern District of Ohio. (CLICK
HERE for related story.)
The jury awarded $10,944,015 total in compensatory damagesa
breakdown of $10,896,558 for lost profits and price erosion damages
and $47,457 in royalty damages. They ruled that "Saint-Gobain
proved by clear and convincing evidence that Xinyi willfully infringed
the claims of the '395 or '669 patents."
Both patents involve windshields equipped with "an extruded
profiled spacer," according to a statement from Saint-Gobain
Witnesses in the case included industry expert Bob Beranek, Saint-Gobain
Autover representative Dennis Warlick, and several Xinyi representatives.
The original complaint was filed three years ago this month.
At press time, Xinyi counsel was not available for comment.
Stay tuned to www.glassBYTEs.com for more information as
it becomes available.
HERE for full text of ruling.
HERE for statement from Saint-Gobain Autover.
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