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Keywords

lawsuitplaintiffdefendantdamagesliabilitytrialmotionpatentrelevancejury instructions

plaintiffdefendantdamagestrialmotionwillpatent

Related Cases

Amsted Industries Inc. v. Buckeye Steel Castings Co., Not Reported in F.Supp., 1992 WL 372989

Facts

Amsted Industries Incorporated filed a lawsuit against Buckeye Steel Castings Company for infringing United States Patent No. 3,664,269, which pertains to the underframe of a railway car. Buckeye sells a center plate, one of the five elements of the patented invention, to customers who assemble it with other elements, allegedly infringing the patent. Buckeye counterclaimed, asserting that Amsted's RoadMaster truck infringes its own patent, No. 3,638,582. The court is currently addressing various pre-trial motions, including motions to exclude certain evidence and jury instructions.

Issue

Whether the court should grant Buckeye's motions to exclude certain evidence and what constitutes adequate notice of infringement.

Rule

A plaintiff can only recover damages for patent infringement that occurred after the defendant received notice of the infringement. Notice can be given orally or in writing and can be provided by the patentee, its agents, or predecessors. The court must determine the sufficiency of the notice based on the context of the infringement.

A plaintiff may only recover damages from a defendant for infringement that occurred after the defendant had notice that it was infringing the plaintiff's patent.

Analysis

In this case, the court analyzed the motions in limine and determined that the evidence regarding notice of infringement was relevant. The court emphasized that notice is not merely awareness of the patent but requires actual notification of infringement. The court found that Amsted had provided sufficient notice to Buckeye, which is critical for establishing liability for any infringement that occurred after that notice.

The parties have not submitted statements of undisputed facts, and the court has no authority to determine whether there are disputed facts on a motion in limine. Though the court must decide what the law is for the purpose of instructing the jury (see infra), the jury will find the facts and apply the law.

Conclusion

The court denied all motions in limine and ruled that the jury would be instructed on the issue of notice as outlined in the pretrial order.

All motions in limine are denied. Defendant's motion to strike 'prejudicial' trial exhibits is denied. The court will instruct the jury regarding notice as provided in the Appendix.

Who won?

The court ruled in favor of Amsted Industries Incorporated by denying Buckeye's motions to exclude evidence. This decision indicates that Amsted's claims regarding notice of infringement were deemed sufficient, allowing the case to proceed to trial. The court's reasoning highlighted the importance of the context in which notice is given and the relevance of the evidence that Buckeye sought to exclude.

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