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02.27.2010 Blog

EDVA Jury finds Humanscale Infringes CompX's '054 and '767 Patents, but ITC Simultaneously Issues Determination that CompX Infringes Humanscale's '097 Patent


On Thursday, February 25, the jury returned its verdict in Humanscale v. CompX, on CompX's claims for infringement of its '054 and '767 patents relating to keyboard trays.  The results:

  • All asserted claims of both patents infringed
  • All asserted claims of both patents not invalid
  • Humanscale's laches defense rejected
  • Reasonable royalty damages up to the date the counterclaims were filed:  $17,220,000
  • Reasonable royalty damages from then until December 31, 2009:  $2,152,200
  • Reasonable royalty percentage going forward:  6%

The Court had previously granted Humanscale's motion for a directed verdict on willfulness, so these damages will likely not be enhanced.  See CompX's press release on the jury verdict here

The Court had also previously stayed Humanscale's claims for infringement of its '097 patent, pending an ITC determination regarding the same allegations.  On Tuesday, Judge Paul Luckern at the ITC issued a final determination that CompX had infringed two claims of Humanscale's '097 patent (although he also determined that one of those claims was obvious), and stated that he would recommend a limited exclusion order barring entry of CompX's keyboard trays and a cease and desist order against CompX.

See our previous posts on these cases here