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Federal Circuit Affirms SSJR Jury Verdict Of Patent Validity And Willful Infringement
21 August 2012
The Court of Appeals for the Federal Circuit affirmed validity and willful infringement by Computer Packages, Inc. (“CPi”) of patents owned by SSJR client WhitServe LLC (“WhitServe”). SSJR won a jury verdict for WhitServe in Connecticut District Court on May 25, 2010, with the jury finding the WhitServe patents valid, enforceable, and willfully infringed by CPi. The Federal Circuit has now affirmed patent validity and CPi’s willful infringement. The Court remanded the case for a trial on damages, including determinations on enhanced damages, attorneys’ fees, post-trial accounting, and prejudgment interest. The decision also clears the way for an injunction barring CPi and its customers from using CPi’s infringing products. WhitServe’s subsidiary, NetDocket, competes with CPi and offers an alternative to CPi’s infringing products. WhitServe was represented at the Federal Circuit by SSJR attorneys Gene S. Winter, Erin R. Woelker, Michael J. Kosma, and Stephen Ball. CPi was represented by John Krause, Doug Sharrott, Marc Pensabene, Robert Czarnecki, and Robert Fischer of Fitzpatrick, Cella, Harper and Scinto.