Recent Successes 2004 Archive
November 12, 2004
Fitch Even is pleased to announce another successful result in a patent infringement trial. Liquid Dynamics Corporation won its trial against Vaughan Company, Inc. in the United States District Court for the Northern District of Illinois. On October 25, 2004, the jury delivered its verdict finding that Vaughan willfully infringed Liquid Dynamics' United States Patent No. 5,458,414 ("the '414 patent") and reaffirming the validity of the '414 patent. On November 12, 2004, the District Court conducted a bench trial on Vaughan's claim that the '414 patent was unenforceable due to inequitable conduct and denied that claim on the same day.
This lawsuit was originally filed in September of 2001. In July of 2002, the District Court granted Vaughan summary judgment on the issue of infringement. Liquid Dynamics, however, successfully appealed that judgment. The United States Court of Appeals for the Federal Circuit reversed the judgment because the District Court erred in interpreting certain claim language and there was sufficient evidence from which a reasonable jury could conclude that Vaughan's systems infringe the '414 patent. Liquid Dynamics Corporation v. Vaughan Company, Inc., 355 F.3d 1361 (Fed. Cir. 2004). As a result, the lawsuit was remanded to the District Court for trial.
The '414 patent is directed to storing and mixing system technology commonly employed in wastewater treatment facilities. The technology of the '414 patent has achieved industry award winning status and great commercial success.
The Liquid Dynamics litigation team at Fitch Even includes Steven Schroer, Mark Hetzler and Jon Birmingham.
