Exergen Corporation v. Kaz USA, Inc.

On January 22, 2016, a federal jury in the U.S. District Court for the District of Massachusetts concluded that Kaz, USA, Inc. (“Defendant”) did infringe U.S. Patent Nos. 6,292,685 (“the ‘685 Patent”) and 7,787,938 (“the ‘938 Patent”), owned by Exergen Corporation (“Plaintiff”).  In the underlying case, the Plaintiff accused the Defendant of contributorily infringing both the ‘685 Patent and the ‘938 Patent, which are drawn to temporal artery temperature detectors, by selling and distributing their thermometers to end users.  In the decision, the federal jury upheld the validity of both the ‘685 Patent and the ‘938 Patent, returned a verdict of infringement in favor of the Plaintiff, and awarded damages of over $9.8 million dollars to the Plaintiff. The case remains pending and is captioned 1-13-cv-10628.

By: Jacqueline A. DiRamio

View Attachment (PDF)