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 damages—a 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 Autover.

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.

CLICK HERE for full text of ruling.

CLICK HERE for statement from Saint-Gobain Autover.

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