My firm, Dunlap Bennett & Ludwig won a significant victory in a high-profile patent lawsuit.
A Texas U.S. District Judge doubled a jury award to $24.5 million and added $4.75 million in attorneys’ fees and expenses for a toy company that won a case against Telebrands Corporation. In doing so, the judge found that Telebrands infringed two patents on a water balloon device. The judge also found that Telebrands’ intentionally copied the patented product and used obstructionist tactics throughout the case. The product “Bunch O Balloons” is produced by toy manufacturer ZURU pursuant to a license with Tinnus. Telebrands copied the product and released an “As Seen on TV” infomercial-style ad campaign calling its product “Balloon Bonanza."
In 2015, Tinnus and ZURU sued Telebrands, claiming that Telebrands’ product infringed their patent. Judge Robert W. Schroeder III issued a 64-page opinion in which he added to the plaintiffs’ trial victory by doubling the jury award to $24.5 million. He also awarded plaintiffs $4.75 million in attorney fees and expenses and denied Telebrands’ motions for a new trial.
The opinion is available here.
For more information, see the DBL website summary or the IP Law360 story.
Welcome to the China Patent Blog by Erick Robinson. Erick Robinson's China Patent Blog discusses China's patent system and China's surprisingly effective procedures for enforcing patents. China is leading the world in growth in many areas. Patents are among them. So come along with Erick Robinson while he provides a map to the complicated and mysterious world of patents and patent litigation in China.
Erick Robinson is an experienced American trial lawyer and U.S. patent attorney formerly based in Beijing and now based in Texas. He is a Patent Litigation Partner and Co-Chair of the Intellectual Property Practice at Spencer Fane LLP, where he manages patent litigation, licensing, and prosecution in China and the US.
The ideas and opinions at ChinaPatentBlog.com are my own as of the time of posting, have not been vetted with my firm or its clients, and do not necessarily represent the positions of the firm, its lawyers, or any of its clients. None of these posts is intended as legal advice and if you need a lawyer, you should hire one. Nothing in this blog creates an attorney-client relationship. If you make a comment on the post, the comment will become public and beyond your control to change or remove it.