Court Trims Award But Upholds Wal-Mart Judgment

Law360, New York (October 3, 2006, 12:00 AM EDT) -- A federal appeals court has affirmed a $5.9 award against Wal-Mart Stores Inc. and two other appellants for patent infringement stemming from the manufacture and sale of air mattresses, but struck down an additional $1 million award for trademark infringement.

The U.S. Court of Appeals for the Federal Circuit held that awarding both patent and trademark damages to plaintiff-appellee Aero Products International Inc. would constitute an “impermissible double recovery,” but didn’t find fault with the judgment of infringement and in Aero’s favor.

The Federal Circuit found...
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