(N.D. Ga. 2017)
Fitzpatrick Secures Jury Verdict for Canon
On June 19, 2010, after a ten-day jury trial in the Northern District of Georgia, Fitzpatrick secured a verdict in favor of its client Canon finding the defendants, General Plastic and Color Imaging, liable for direct, induced, and contributory infringement of U.S. Patent No. 7,647,012 and further finding that such infringement was willful. The jury’s findings applied with respect to all asserted patent claims and all accused infringing products. The jury awarded Canon the full measure of the damages it requested, awarding Canon over $3.7 million against General Plastic and over $700,000 against Color Imaging.
Canon’s ’012 patent relates to toner bottles for use in copy machines. General Plastic imported empty toner bottles covered by Canon’s patent into the United States from Taiwan. Color Imaging then filled those empty toner bottles with toner and sold them to customers in the United States.
In finding in Canon’s favor on all issues, the jury rejected the defendants’ affirmative defenses of exhaustion, implied license, and permissible repair, which were based upon Canon’s sale of copy machines in which the defendants’ infringing toner bottles were used.
Fitzpatrick’s legal team had previously secured a summary judgment ruling of no invalidity of the ’012 patent, and therefore the patent’s validity was not at issue at the trial.
The Fitzpatrick team was led by partners Michael Sandonato, Edmund Haughey, Peter Shapiro and Dennis McMahon, with associates Erin Austin and Chitra Kalyanaraman.