December 2, 2019

Harness Dickey Secures Willful Infringement Jury Verdict for Western Plastics and a Judgement for Lost Profits, Will Seek Permanent Injunction, Treble Damages, and Attorneys’ Fees

Harness Dickey is pleased to announce that patent litigators Glenn Forbis, Brad Luchsinger, and Jennifer Turchyn scored a major victory for firm client Western Plastics, a Canadian manufacturer of industrial packaging and plastic pallet wraps. A jury in the United States District Court for the Eastern District of North Carolina returned a verdict that Western Plastics’ U.S. Patent No. 8,080,304 (the ‘304 patent) is valid and willfully infringed by Defendant DuBose Strapping. The jury also awarded Western Plastics “lost profits” damages, which was larger than the more common “reasonable royalty” measure of damages in patent cases.

Harness Dickey was initially hired by Western Plastics to obtain a patent in the United States based on a Canadian patent filing. The ‘304 patent, which issued in December 2011, is directed to a multi-layer wrap used to cover large rolls of sheet metal for eventual use in manufacturing consumer products such as automobiles and appliances. The ‘304 patent covers Western Plastics’ product sold under the trademark Panacea Wrap®.

At trial, Harness Dickey demonstrated that the DuBose employee responsible for bringing the infringing product to market, who was a former business partner of Western Plastics, was aware of the ‘304 patent as well as the Panacea Wrap® product and lacked a good faith belief that the DuBose product did not infringe the ‘304 patent. 

Based on the jury’s finding of willfulness, Harness Dickey will seek an award of its attorneys’ fees and enhanced damages, which could multiply the damages award up to three times. Harness Dickey will also seek a permanent injunction against DuBose.

About Harness Dickey

Presently ranked sixth among the nation’s top patent firms as reported by Law360, Harness Dickey safeguards critical IP assets on a global scale for Fortune 500 companies, private and public businesses, universities, inventors, artists, and entrepreneurs. Harness Dickey has offices in the metropolitan areas of Dallas, Detroit, St. Louis, and Washington, D.C. Visit www.hdp.com and follow @harnessdickey for more information.