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Intermatic, Inc. v. Lamson & Sessions Co.

Denial of defendant's motion for judgment as a matter of law and for a new trial reversed because defendant's products did not infringe plaintiff's patent as a matter of law.

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Opinion for the court filed by Circuit Judge LOURIE. Circuit Judge NEWMAN concurs in the judgment and dissents-in-part.

The Lamson & Sessions Co. appeals from the decision of the United States District Court for the Northern District of Illinois: (1) denying its combined motion for judgment as a matter of law and for a new trial following a jury verdict in favor of Intermatic Incorporated that determined that certain Lamson outdoor electrical outlet covers infringed Intermatic’s U.S. Patent 5,280,135; and (2) granting Intermatic’s motion for judgment as a matter of law that claims 6, 9, and 11 are not invalid for obviousness. Intermatic Inc. v. Lamson & Sessions Co., No 94-C-50295 (N.D. Ill. Oct. 20, 1999) (“Intermatic I”). Intermatic cross-appeals the district court’s exclusion of certain evidence it proffered in support of future damages and the court’s denial of enhanced damages and attorney fees. Intermatic also appeals from a separate decision of the district court in a second infringement lawsuit it filed against Lamson, which granted summary judgment of noninfringement of the ’135 patent with respect to a separate line of Lamson outlet covers. Intermatic Inc. v. Lamson & Sessions Co., No. 99-C-50410, 2000 WL 102767 (N.D. Ill. Sept. 28, 2000) (“Intermatic II”). For the reasons set forth below, we affirm-in-part and reverse-in-part the decision of the district court in Intermatic I, and affirm in all respects its decision in Intermatic II.

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