Patent Infringement
Federal Circuit
Electro-Mechanical Industries, Inc. v. Universal Support Systems, LLC
2008-1530, 2009-1137
USDC SD Texas
On estimation proceeding for bankruptcy purposes, had the district court erred by determining that U.S. Patent No. 6,669,163 for a foot apparatus on metal racks which hold telecommunications equipment was not invalid as obvious, construing the claims gravamen as being the spacing of a receptacle above a base that “permits the passage of air, wind, or water” as set forth below, holding the patent was infringed willfully, doubling the damages award on a reasonable royalty basis and enhancing an exceptional case award of attorney fees under 35 U.S.C. § 285 to $1,000,000 despite the actual fees proved being $700,000?
Patented Foot
Support apparatus, comprising:
a planar base;
a hollow receptacle for receiving an object; and
a plurality of radially spaced apart buttresses having a first end connected to said base and a second end connected to an outer surface of said receptacle, said buttresses mounting said receptacle separate from and spaced above, said base and spaced outwardly from said receptacle to cause force received by said receptacle from supporting said object to be transferred and distributed to different portions of said base by said buttresses; and wherein at least said base, said receptacle and said buttresses are made of electrically conductive material and whereby the spacing of said receptacle above said base permits the passage of air, wind, or water to decrease susceptibility to movement of said apparatus.
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