Lewis J. Mcdermott, Iii Plaintiff-appellee, v. Omid International and Oriental Rug Supply House, Andstabitex Vertriebsgesellschaft Mbh, Defendant-appellants, 883 F.2d 1026 (Fed. Cir. 1989)

DECISION¹ 

In Appeal No. 1592, Stabitex Vertriebsgesellschaft Mbh (Stabitex) challenges a judgment of the United States District Court for the Southern District of Ohio, in case nos. C-2-84-1688 and C-2-86-0119, holding: (1) United States Patent No. 4,234,649 ('649) not invalid and infringed, (2) Stabitex liable for $668,417.40 in damages and $234,618.04 in increased damages and attorney fees. We affirm.² 

OPINION

The district court correctly exercised in personam jurisdiction over Stabitex. Stabitex's conduct falls within the Ohio long-arm statute, see Ohio Rev.Code Sec. 2307.382(A) (6), and satisfies the due process minimum contacts requirement. See International Shoe Co. v. Washington, 326 U.S. 310 (1945).

Stabitex has failed to show reversible error in the district court's determinations that the '649 patent was not invalid and infringed, that McDermott was entitled to its lost profits in accordance with Panduit Corp. v. Stahlin Bros. Fibre Works, Inc., 575 F.2d 1152, 197 USPQ 726 (6th Cir. 1978), and that the infringement was willful. Nor has Stabitex shown that the district court abused its discretion in awarding increased damages and attorney fees. See 35 U.S.C. §§ 284, 285 (1982).

McDermott's request for attorney fees on appeal is denied.