Glass Companies Readying for Appeal in $50M Infringement Case
Green Mountain Glass filed a cross-appeal with the U.S. Court of Appeals for the Federal Circuit, as it prepares to argue Ardagh's litigation tactics warrant enhanced damages.
April 05, 2018 at 04:25 PM
3 minute read
U.S. District Judge Gregory M. Sleet of the District of Delaware.
A small Pennsylvania-based glass company is asking a federal appeals court to triple a $50.3 million verdict against Ardagh Glass Inc. after its first try was batted away last month.
Green Mountain Glass, headquartered in Bryn Mawr, Pennsylvania, on Wednesday filed a cross-appeal with the U.S. Court of Appeals for the Federal Circuit, as it prepares to argue Ardagh's tactics throughout the litigation warrant a finding of enhanced damages.
Meanwhile, Ardagh, based in Luxembourg, has already made good on its promise to “vigorously appeal” a Delaware judge's ruling that upheld the jury's verdict.
In March, U.S. District Judge Gregory M. Sleet of the District of Delaware turned away Ardagh's attack on a Wilmington jury's April 2017 finding that an American subsidiary of the European company willfully infringed Green Mountain Glass' patent, which covers technology used to recycle glass in the manufacturing process. Though Sleet tacked another $12 million in prejudgment interest, he declined Green Mountain's request for enhanced damages.
“Ardagh continues to disagree with the jury verdict and strongly believes that the case is without merit,” Ardagh said in a statement.
Ardagh appealed Sleet's ruling last month. In court documents, Ardagh argued the jury overlooked prior patents, which would have prevented a finding of infringement. However, Sleet said he warned Ardagh during the trial that its prior use of the technology could “seriously undermine” its standing in the eyes of the jury, but Ardagh opted to press ahead with its anticipated defense anyway.
“Despite this warning, defendant proceeded with their defense. Accordingly, a reasonable jury could have found infringement based on all the aforementioned evidence,” he wrote.
Green Mountain's appeal for treble damages appears to center on Ardagh's litigation behavior. In its post-trial briefing, the company said Ardagh used its size and wealth to “set out on a no holds-barred course to intimidate, delay, obfuscate, mislead, hide the ball, run up the tab” on the smaller firm.
Green Mountain also asked for a new trial if Ardagh is granted relief on any issue.
In court documents, Green Mountain said it acquired the so-called '737 patent in 1998 to reuse mixed-colored recycled glass, or cullet, in the glassmaking process. Cullet is prized in the industry for its ability to save energy, reduce emissions and extend glass furnace life. According to Green Mountain, Ardagh's brass knew Green Mountain held the patent for recycling mixed-color cullet, and deliberately copied the technology without a license.
A Wilmington jury last year agreed with Green Mountain on the issue of willful infringement, opening the door for Sleet to increase damages to $150.9 million. But Sleet declined, citing a lack of evidence that Ardagh had been motivated to harm its opponent.
Green Mountain was represented in the district court by Brian E. Farnan and Michael J. Farnan of Farnan LLP and Matthew R. Berry, John Schiltz, Justin A. Nelson, Max L. Tribble, Steven M. Shepard and Zachary Savage of Susman Godfrey.
Ardagh was represented by Brian A. Biggs, Ferlillia V. Roberson and John Allcock of DLA Piper in Wilmington.
An online docket-tracking service on Thursday did not list attorneys for the parties on appeal.
The case is captioned Green Mountain Glass v. Saint-Gobain Containers.
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