| September 24, 2001 |
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| September 24, 2001 |
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On
September 20, 2001 federal judge Barbara Lynn ordered Mark V Products,
Inc. to pay Auto Wax over $3.6 million for its infringement of Auto
Wax’s U.S. Patent No. 5,727,993, including treble (triple) damages,
$1.2 million in attorneys’ fees, and over $131,000 for prejudgment
interest. Mark V was also
ordered to pay court costs, including mediation fees and special master
fees. Mark V was also
ordered to pay Auto Wax $78,070 for infringing Auto Wax’s RED HOT®
trademark.
In
addition, Mark V was ordered to stop all importation, manufacture, use,
offers for sale, and sales of infringing clay, and Mark V was ordered to
stop using Auto Wax’s RED HOT® trademark.
Mark
V was ordered “to take nothing on its counterclaims,” including its
counterclaims that the
‘993 patent at issue was invalid.
The
court confirmed that the unanimous jury verdict previously rendered in
this case on July 6, 2001 was supported by sufficient evidence “in all
respects.” The court found that “judgment on that verdict in favor of
Auto Wax is legally appropriate.”
Auto Wax’s President, David Miller, stated:
“This is a significant milestone for our company and the whole
industry. After almost 2 ½
years of protracted litigation, a federal jury and judge have now
confirmed that our clay patent is valid.
The patent broadly covers many clays used for automobile
detailing. Mark V hired one
of the biggest law firms in the nation to try to beat our patent, and
they failed in all respects.”
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