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Nordock, Inc. v. Systems, Inc.

803 F.3d 1344, 116 U.S.P.Q.2d 1650 (2015)

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Nordock, Inc. v. Systems, Inc.

United States Court of Appeals for the Federal Circuit
803 F.3d 1344, 116 U.S.P.Q.2d 1650 (2015)

Facts

Nordock, Inc. (plaintiff) brought suit against Systems, Inc. (defendant) for infringement of a patent on a dock-leveler plate design. The damages expert for Systems testified that $15 per unit was a reasonable royalty amount. The expert also testified that Systems’ profits, based on the cost savings derived from use of the design, were less than $15 per unit. The federal district court gave the jury the option of assessing damages in the form of (1) a reasonable royalty, (2) Nordock’s lost profits, or (3) Systems’ profits on units that used the design, based on the expert’s cost-savings calculation. The jury found that the patent had been infringed and awarded $46,825 in damages to Nordock based on the reasonable-royalty calculation. This judgment was entered by the federal district court. Nordock moved for an amendment of the judgment regarding damages or, alternatively, a new trial on damages. The motion was denied. Nordock appealed to the United States Court of Appeals for the Federal Circuit.

Rule of Law

Issue

Holding and Reasoning (O’Malley, J.)

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