Aqua Shield v. Interpool Pool Cover Team, No. 14-1263 (Fed. Cir. 2014)
Annotate this CaseAqua Shield’s 160 patent claims enclosures designed to cover pools or create sun rooms, consisting of arched sections that can slide over or under one another to enclose or expose the encompassed area as desired. Aqua Shield sued, alleging that IPC, by importing and selling pool enclosures, was infringing claims 1–16 of the patent. The district court denied a requested preliminary injunction because Aqua Shield lacked information needed to show a likelihood of success on the merits and because of questions about personal jurisdiction over the defendants. Eventually, the court entered summary judgment that IPC infringed and that no claim was invalid, awarded damages in the form of a royalty of $10,800, and held that IPC had not been willful in its infringement. The Federal Circuit remanded after vacating the royalty award, the non-willfulness finding, and denial of enhanced damages and attorney’s fees. The court noted the lack of proof that this case is different from the typical one in which pricing might be adjusted to account for a royalty based on sales price. IPC has not pointed to any evidence supporting the district court’s conclusion that a royalty should be a percentage of profits rather than sales revenues.
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