Byron Bilicki

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Elkin Manufacturing Inc. v. Old Dominion Brush Co.

Elkin Manufacturing Inc. v. Old Dominion Brush Co., et al., U.S. District Court for the Western District of Pennsylvania, Magistrate Judge Caiazza and District Judge Cindrich

  • Represented patent owner/Plaintiff against Virginia manufacturer, alleged to infringe Plaintiff’s patent
  • Patent directed to a mechanical device for spreading aggregate on a road surface
  • Successfully defended Defendant’s summary judgment motion for non-infringement
  • During course of discovery, we uncovered dramatic evidence of copying
  • At the deposition of Defendant’s manufacturing engineer, we gained an admission of copying by Defendant
  • Immediately following an amendment to the complaint to join a corporate officer for directing the infringing activity, Defendant agreed to a permanent injunction, and to pay Plaintiff a portion of its lost profits for past infringement
  • The permanent injunction was particularly beneficial to Plaintiff, since with the elimination of the infringer, Plaintiff became the sole supplier in the market for adjustable rubber trough spreaders