‘Wilfulness’ verdict by jury opens case up to treble damages

In another case for a small inventor over a giant conglomerate, K-TEC Inc., of Orem, Utah won an $11 million settlement over blending industry giant Vita-Mix Corp. over its patented Blendtec blender technology.

The case was heard in the U.S. District Court, District of Utah.

The case alleged that Vita-Mix Corp. of Cleveland, Ohio infringed on a variety of K-TEC patents, including its five-sided blending jar. A jury found that Vita-Mix was not only guilty of infringement, but that the infringement was “willful.”  By law, if infringement is willful, plaintiffs can request punitive damages of up to triple the amount of the jury award.  K-TEC and its lawyer have already stated that they intend to pursue such damages.  

Even without enhanced damages, the verdict is one of the largest intellectual property awards in Utah history. 

SOURCE:  Askar, Jamshid Ghazi, "Blendtec blender maker K-TEC wins patent infringement case," Deseret News, June 18, 2010.  http://www.deseretnews.com/article/700041503/Blendtec-blender-maker-K-TEC-wins-patent-infringement-case.html