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Vulcan Engineering Co., Inc. v. Fata Aluminium, Inc.

Defendant was not subject to enhanced damages for willful patent infringement where company followed legal advice from reputable United States law firm after receiving infringement warning.

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Appealed from: U.S. District Court for the Eastern District of Michigan Senior Judge Avern Cohn

Opinion for the court filed by Circuit Judge NEWMAN. Opinion dissenting in part filed by Circuit Judge MICHEL.

Vulcan Engineering Company brought suit for infringement of United States Patent No. 4,736,787 (“the ’787 patent”) against FATA Aluminum, Inc., and FATA Group, S.p.A. (collectively “Fata”). Fata raised various defenses, and filed a counterclaim charging that the ’787 patent is invalid. The United States District Court for the Eastern District of Michigan held, after a bench trial, that the ’787 patent was valid, enforceable, and infringed, and awarded damages of $2,187,199. Both sides appeal aspects of the judgment. The judgment is affirmed, with modification of the damages award. We remand for accounting of modified damages.

 
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