According to Arlington, a jury had previously awarded Arlington nearly $2.8 million in lost profits for Bridgeport’s sale of 30 Whipper-Snap products adjudged to infringe Arlington’s U.S. Patent No. 5,266,050, and for breach of the Settlement Agreement entered into by the parties in 2004. In its 29 March 2010 order, the court increased Arlington’s damages to nearly $3.6 million. The court also denied Bridgeport’s motion to stay the judgment pending appeal without having to post a bond. Instead, the court ordered Bridgeport to post a bond in the amount of $895,000 to stay the damages award, which is only 25% of the total damages award (because the court determined that requiring Bridgeport to post a bond in the full amount would cause it financial hardship).

Earlier, the same court granted a permanent injunction in Arlington’s favour prohibiting Bridgeport from selling its infringing products. The court agreed to stay this injunction pending Bridgeport’s appeal upon Bridgeport’s posting of a bond in the amount of $720,000. (Should the U.S. Court of Appeals for the Federal Circuit affirm the jury verdict in favour of Arlington, Bridgeport will be prevented from selling its infringing Whipper-Snap products until the expiration of the patent. The patent covers Arlington’s Snap-Tite connectors and does not expire until December 2011.)

CLICK HERE for Arlington Industries.

CLICK HERE for Bridgeport.