The Forest Group, Inc. v. Bon Tool Co., No. 09-1044

In a patent infringement suit involving claims for an improved spring-loaded parallelogram stilt of the type commonly used in construction, district court's judgment is affirmed in part, vacated in part, and remanded where: 1) the district court did not clearly err in finding that plaintiff had the requisite knowledge to falsely mark as of a particular date; 2) because the district court's construction of the statute was wrong, an award of $500 in penalties for a single offense of false marketing is vacated and remanded for recalculation of fines under 35 U.S.C. section 292; and 3) the district court's denial of defendant's attorney fees is affirmed.     

Read The Forest Group, Inc. v. Bon Tool Co., No. 09-1044

Appellate Information

Appeal from:  United States District Court for the Southern District of Texas

Decided December 28, 2009

Judges

Before: Plager, Rader, and ZMoore,  Circuit Judges

Opinion by Moore, Circuit Judge

Counsel

For Appellant: Richard A. Ejzak, Cohen & Grigsy, PC

For Appellee:   Kristin K. Tassin, Dry & Tassin, PLLC