Almost $10 million of the award attributed to defendant’s bad conduct

A U.S. District Court Judge for the Southern District of Florida ordered Home Depot to pay nearly $25 million to inventor Michael Powell for infringing on a patent for a safety device used at Home Depot stores nationwide.

The case involved a safety device he named “Safe Hands” which attaches to the radial saws that employees use to cut lumber for customers, and protects the employees’ fingers.

While an independent contractor for Home Depot for about 20 years, Powell noticed injuries occurring with use of the radial saw.  He invented a safety device for the saws.  In 2004 Powell showed the device to Home Depot.  Powell also gave the chain an opportunity to test the “Safe Hands” devices in several stores.  This Home Depot willingly did.  In the end, however, instead of paying Powell his requested $2,000 for each device, they installed the device on saws in their stores across the country, refusing to pay Powell. 

That misstep cost the chain about $21 million.  Home Depot could have avoided the $25M judgment had they simply paid Powell from the beginning. 

The judge was particularly harsh on Home Depot, calling it “callous and arrogant” and stating that it “knew exactly what it was doing.” He cited Home Depot’s conduct as the reason for adding $10 million in fines onto the $15 million judgment a jury awarded the inventor in March.  These fines included $3 million in punitive damages, $2.5 million in plaintiff’s attorney fees and an estimated $1 million of annual interest. 

In addition to copying the invention, the judge criticized Home Depot for cutting the inventor out of any profit the company reaped from using the invention. The year before the devices were installed, Home Depot paid out $1 million in Workers’ Compensation claims in saw-related injuries. The year after the gadgets were installed, it paid out $7,000.

The judge also criticized Home Depot attorneys for what he described as “nasty, mean litigation” such as burying evidence of Workers’ Compensation claims within piles of unrelated documents.

“It’s sad to say, but Home Depot literally organized a theft of the Powell invention,” Judge Hurley said.

It is encouraging to read about this case, and hear that yes sometimes the Davids of the patent world are vindicated.

SOURCE: PRNewswire (http://www.prnewswire.com/news-releases/florida-inventor-successfully-obtains-21-million-verdict-in-patent-infringement-case-against-home-depot-inc-93618784)  The Palm Beach Post  (http://www.palmbeachpost.com/news/home-depot-called-arrogant-ordered-to-pay-ex-680890.html?cxntlid=cmg_cntnt_rss&imw=Y)