Court Denies Defendant’s Motion for Summary Judgment to Limit Plaintiff’s Damages

February 26, 2016 – On February 23, 2016, Judge Keith P. Ellison of the United States District Court for the Southern District of Texas, Houston Division denied Defendant Chirodesign Group, LLC’s motion for summary judgment to limit Plaintiff’s damages for their failure to mark their orthotic devices in accordance with 35 U.S.C. § 287. Employing the Federal Circuit’s flexible test that asks whether the method of marking places the public on notice that the product is the subject of a patent, the Court found that the Plaintiff, Denneroll Holdings Pty Limited, produced sufficient evidence from which a reasonable trier of fact could find that the patent markings on the packaging satisfied 35 U.S.C. § 287’s public notice requirement.

The case is captioned, Denneroll Holdings Pty Limited v. Chirodesign Group, LLC, Civil Action No. 4:15-CV-740 (S.D. Tex.). The patent-at-issue is U.S. Patent No. 8,713,732, entitled “Orthotic Device.”

By: Giancarlo L. Scaccia

View Attachment (PDF)