Nordock, Inc. v. Systems, Inc., No. 14-1762 (Fed. Cir. 2015)
Annotate this CaseNordock and Systems are rivals in the loading dock device industry.Both design, manufacture, and sell dock levelers--mechanical devices used to create a bridge between loading dock surfaces and the surfaces of truckload beds.” Nordock sued, alleging infringement of Design Patent 754, which claims the ornamental design of a lip and hinge plate for a dock leveler. A jury found that Systems’ hydraulic dock levelers infringe, and that the patent is not invalid. The district court awarded Nordock $46,825 in damages as a reasonable royalty. The Federal Circuit vacated the award and remanded, finding that the district court erred in its assessment of design patent damages under 35 U.S.C. 289, but otherwise affirmed.
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