Douglas Dynamics, LLC v. Buyers Products Company

Filing 732

JUDGMENT in favor of plaintiff Douglas Dynamics, LLC against defendant Buyers Products Company in the amount of $ 9,750,000.00 and entering injunction against defendant. (WMC / PAO). (rep)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DOUGLAS DYNAMICS, LLC,
Plaintiff,

JUDGMENT ON REMANDED
ISSUES IN A CIVIL CASE

v.

09-cv-261-wmc
BUYERS PRODUCTS COMPANY,
Defendant.

This action came for reconsideration before the court, with U. S. District Judge William
M. Conley presiding, pursuant to remand by the Federal Circuit. See 717 F.3d 1336
(2013). Those issues remanded have been considered by the court and a decision has
been rendered by a jury on damages. Accordingly,

IT IS ORDERED AND ADJUDGED that judgment is entered as follows:
(I) Defendant Buyers Products Company's snowplow assemblies (MD series, HDIEX
series, VX series, CM series, XP series and TE series) directly infringe claims 45,
47,48,49 and 51 of United States Patent No. Re. 35,700; and
(2) United States Patent No. Re. 35,700 is not invalid.
IT IS FURTHER ORDERED AND ADJUDGED that final judgment is entered in
favor of plaintiff Douglas Dynamics, LLC against defendant Buyers Products Company in
the amount of $9,750,000 in damages.
IT IS FURTHER

ORDERED AND ADJUDGED

that

as for a permanent

injunction of United States Patent No. 6,994,978:
(I) Buyers, its officers, agents, servants and employees, and all other persons who are
in active concert or participation with them, who receive actual notice of this Order
by personal service or otherwise, are permanently enjoined and restrained from
infringing the '978 Patent by making, using, selling, or offering to sell, within the
United States, its territories and possessions, or by importing into the United
States, its territories and possessions, snow plow assembly linkage mechanisms for
mounting a snow plow on a vehicle of the design commercially sold by Buyers on

and before October 1, 2010 (the ((Infringing Linkage Mechanism"),

and any other

existing or future linkage mechanism for mounting a snow plow on a vehicle that is
not more than colorably different from the Infringing Linkage Mechanism, during
the unexpired term of the '978 Patent. The Infringing Linkage Mechanism design
is depicted below:

(2) This injunction does not enjoin or restrain making, using, selling, offering for sale,
or importing snow plow assemblies having the designations MD, HDIEX, VX, CM,
XP and TE Series or other designations, if and only if such snow plow assemblies
do not make use of the Infringing Linkage Mechanism
future linkage mechanism

or any other existing or

that is not more than colorably different

Infringing Linkage Mechanism.
Approved as to form this 21st day of April, 2014.

l{/z,(
Peter Oppeneer, Clerk of Court

I

Date

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