October 7, 2020

Harness Dickey Client Awarded Permanent Injunction and Treble Damages Following Patent Infringement Trial

Harness Dickey is pleased to announce it has won an award of full treble damages on behalf of firm client Western Plastics in a lawsuit over patent infringement. Western Plastics, a Canadian manufacturer of industrial packaging and plastic pallet wraps, also won a permanent injunction against the defendant.

Harness Dickey patent litigators Glenn ForbisBrad Luchsinger, and Jennifer Turchyn served as counsel to Western Plastics and tried the case in the Eastern District of North Carolina in November 2019. In a jury trial, the Harness Dickey team of patent litigators successfully achieved a verdict that Western Plastics’ patent was valid, infringed, and willfully infringed. The jury also awarded Western Plastics the full amount of their claim for lost profits, which has now been tripled as a result of the recent treble damages order. 

Harness Dickey filed several motions following the trial seeking a permanent injunction, treble damages, pre-judgment interest, costs, and attorneys’ fees, while the defendant filed motions seeking to overturn several aspects of the judgment. In a series of orders dated September 24, the Judge denied all of the defendant’s post-trial motions and granted Western Plastics’ motions for a permanent injunction, an award of full treble damages, pre-judgement interest, and costs.

The matter concerned U.S. Patent No. 8,080,304, which is directed to a multi-layer wrap used to cover large rolls of sheet metal and is sold under the product name Panacea Wrap®. Harness Dickey was initially hired by Western Plastics to obtain the patent in the United States based on a Canadian patent filing.

About Harness Dickey

Harness Dickey holds a #2 ranking from IAM Media for providing counsel to 44 companies with the largest portfolios of issued U.S. patents. The firm also ranks #6 for filing the most patent applications on behalf of those companies. Founded in 1921, Harness Dickey’s 100+ attorneys and patent agents focus exclusively on patents, trademarks, global IP management, litigation, and other IP rights. The firm has offices in Metro Dallas, Detroit, St. Louis, and Washington, D.C. Visit www.hdp.com for more information.