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Federal Circuit Affirms Blender Verdict
On Sept. 6, 2012, the Federal Circuit panel of Judges Pauline Newman, Alan D. Lourie and Sharon Prost affirmed a Utah district judge's ruling upholding a jury's finding that two patents directed to blender technology were valid and were willfully infringed. In K-Tec, Inc. v. Vita-Mix Corporation, No. 2011-1244, K-Tec asserted two patents against Vita-Mix directed to five-sided blender containers, which are designed to create a vortex of liquid during blending. Slip Op. at 5. A jury awarded K-Tec $11 million in reasonable royalties and lost profits damages.
Vita-Mix appealed, first arguing that the construction of the term “truncated wall” was improper. Slip Op. at 13. Vita-Mix also appealed the district court's decision that two prior art references were not analogous, arguing that a re-examination of one of the patents-in-suit had found those two references to be analogous art. Id. at 14. The Federal Circuit disagreed, holding that “Vita-Mix's expert's report on invalidity failed to raise a genuine issue of material fact because, as the district court correctly concluded, the report was 'silent on the question of why [the inventor] would have looked to non-blending containers to discover the commonplace designs' depicted in [the references].” Slip Op. at 16.
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