Kaneka has WON a Jury Verdict on its Patent Infringement Lawsuit against South Korean Corporation and its U.S. Customers
July 10, 2013
In this lawsuit, Kaneka accused the defendants of infringing two of Kaneka’s U.S. patents, 7,759,429 and 7,759,430, relating to flame-retardant polyester fibers for artificial hair.
UNO & COMPANY, LTD. a South Korean Corporation (“UNO”)
JBS HAIR, INC. a Georgia Corporation (“JBS Hair”)
Jinny Beauty Supply Company, Inc., a Texas Corporation (“Jinny Beauty Supply”)
2. Outline of the jury verdict
i. Kaneka has proved 11 products sold by JBS Hair and Jinny Beauty Supply are infringing its U.S. patent 7,759,429 (“‘429 patent”).
ii. Kaneka has proved 1 product sold by JBS Hair and Jinny Beauty Supply is infringing its U.S. patent 7,759,430 (“‘430 patent”).
iii. Kaneka has proved UNO induced JBS Hair or Jinny Beauty Supply to infringe ‘429 patent and ‘430 patent.
iv. Kaneka has proved UNO induced several hair products importers to infringe ‘429 patent with respect to 8 products.
v. Defendants failed to prove that Kaneka’s patents are invalid.
vi. Kaneka has proved that UNO caused damages of USD 5.5MM related to Kaneka’s lost profits.
vii. Kaneka has proved that Kaneka is entitled to a royalty rate of 10% for remaining sales of infringing products against UNO, JBS Hair and Jinny Beauty Supply.
3. Future prospects
Because the defendants can technically request for reconsideration of the verdict to the Judge in the district court, the final decision from the district court would be issued after this potential reconsideration. In addition, the parties have right to appeal the judgment to United States Court of Appeals for the Federal Circuit (CAFC) after the judgement is made.