LITIGATIONRESULTS - Whyte Hirschboeck Dudek SC

WHD Wins Jury Verdict of
Patent Infringement
Nowakowski
McIntyre
In October 2012, WHD obtained a jury verdict of patent infringement in favor
of its client, Havco Wood Products LLC (Havco) in Havco Wood Products
LLC v. Industrial Hardwood Products, Inc. Havco filed its complaint in late
2010 in the U.S. District Court for the Western District of Wisconsin, asserting
that its primary competitor, Industrial Hardwood Products, Inc. (IHP), infringed
a number of claims of five patents owned by Havco relating to reinforced
wood-composite truck flooring. Havco had invested years and a substantial
amount of money developing its reinforced wood-composite truck flooring
and a process to manufacture it on a commercial scale. IHP began selling
its infringing reinforced wood-composite truck flooring in 2010. After nearly
two years of fact and expert discovery, two claim construction hearings and
two summary judgment motions of non-infringement brought by IHP, the
case finally went to trial before a jury on Oct. 22, 2012. A unanimous jury
found that IHP’s competing product infringed all asserted claims of four of
Havco’s patents (the fifth had been dismissed earlier in the case). The parties
stipulated to damages for IHP’s past infringing sales.
Litigation Type: Intellectual property litigation
Court: U.S. District Court for the Western District of Wisconsin
Lead WHD Counsel: Kenneth Nowakowski and Jeffrey McIntyre
Principal WHD Team Members: Kenneth Nowakowski, Jeffrey McIntyre,
Gary Plotecher, Melissa Caulum Williams, Barbara Zabawa, Melinda Giftos,
Cindi Wittlinger (paralegal – litigation support specialist), Cheryl Louis (paralegal)
Practice Areas Involved: Intellectual Property, Litigation
LITIGATION RESULTS 9