Byron Bilicki

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Fisher Hamilton v. Jamestown Metal Products

Fisher Hamilton v. Jamestown Metal Products, U.S. District Court for the Eastern District of Wisconsin, Judge William C. Greisbach

  • Represented alleged infringer charged with infringement of patent directed to an ADA-compliant fume hood.
  • Very early in the discovery phase of the case, we discovered evidence of the patentee’s inequitable conduct before the U.S. Patent and Trademark Office, as well as novelty destroying prior art.
  • Confronted with such evidence, the patentee dismissed its infringement action and disclaimed its patent.
  • The defendant sought recovery of its legal fees on the grounds that the patentee’s inequitable conduct constituted an exceptional case.
  • Prior to the resolution of such motion, the parties entered a settlement agreement affectively providing our client with more than the relief it sought.