The Read Corporation and F.T. Read & Sons, Inc. v. Portec, Inc., D/B/A Portec/kolberg Division

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that a damages enhancement may ramp up if sales are made after a finding of liability
• instructing that, in this context, “‘ideas’ and ‘design’ would encompass, for example, copying the commercial embodiment, not merely the elements of a patent claim”
• noting that “a finding of willful infringement does not mandate that damages be enhanced, much less mandate treble damages”
• noting that infringement requires “the likelihood that an ordinary person would be confused because of ... ornamental similarity”
• instructing that if a court decides to enhance damages, the court looks to the totality of circumstances and considers the egregiousness of the defendant’s conduct as well as factors that are mitigating or ameliorating to set the amount of enhancement
• setting forth the voluntary withdrawal of the accused product during litigation as a mitigating factor in determining enhanced damages

Source: CourtListener parenthetical corpus (CC0).