Intellectual Property Law

Chief Judge Gregory M. Sleet: Jury Verdict

By Karen E. Keller, Andrew A. Lundgren et al.

On March 11, 2010, a jury returned its verdict in LG Electronics U.S.A., Inc. v. Whirlpool Corporation finding that defendant Whirlpool did not literally infringe the asserted claims of LG's patent and that the patent was not invalid based on obviousness. C.A. No. 08-234-GMS, Verdict Form (D. Del. Mar. 11, 2010).

The same jury returned a verdict finding that plaintff and counterclaim defendant LG's side-by-side refrigerator product does infringe four of the 5 claims of the first Whirlpool patent-in-suit. On the other hand, the jury held that LG's French door refrigerator product does not infringe those same claims either literally or under the doctrine of equivalents. No willful infringement was found and the jury further found that the assert patent was not invalid based on written description, anticipation or obviousness. The jury awarded Whirlpool $1,786,925 in damages.

As to the second Whirlpool patent-in-suit, the jury found that LG infringed the asserted claims but that the patent was invalid based on anticipation. (The jury did not find the patent invalid based on obviousness.)

LG Electronics U.S.A., Inc. v. Whirlpool Corporation , C.A. No. 08-234-GMS, Verdict Form (D. Del. Mar. 11, 2010).

Full post as published by Delaware IP Law Blog on March 23, 2010 (boomark / email).