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Saint-Gobain wins enhanced damages of $10.9 million and attorney fees against Xinyi

Post Time:Apr 01,2010Classify:Industry NewsView:98

On March 31, 2010, Judge Sara Lioi of the United States District Court for the Northern District of Ohio doubled the damages Chinese windshield manufacturer Xinyi Automobile GlassCo. must pay Saint-Gobain Autover for its willful infringement of Saint-Gobain’s patents. Judge Lioi also ordered payment of attorney fees and costs for a total award of more than $24 million, according to an April 1 release.

Judge Lioi held that the “deliberate nature of Xinyi’s copying actions, with the obvious intent to undermine Saint Gobain’s position in the marketplace” warranted a 100 percent enhancement of the $10.9 million in damages awarded to Saint-Gobain by the jury in a November 2009 trial.

Judge Lioi also declared the case exceptional and, citing the fact that “counsel achieved ‘excellent results’ for Saint-Gobain”, ordered Xinyi to pay attorney fees and costs in the amount of $2.3 million, the release states.

The lawsuit was originally filed in November 2006, based on Xinyi's sales of certain aftermarket windshields. The patents-in-suit are U.S. Patent No. 5,095,669 and RE 37,395, relating to a windshield molding design and installation method that simplifies the windshield installation process. On Nov. 10, 2009, a jury unanimously awarded Saint-Gobainmore than$10.9 million in damages and found Xinyi’s infringement was willful, according to the release.

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