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JUNKER v. EDDINGS

No. 04-1208, 04-1271.

396 F.3d 1359 (2005)

Larry G. JUNKER, Plaintiff-Cross Appellant, v. James R. EDDINGS, Galt Medical Corp., and Xentek Medical Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

February 8, 2005.

Attorney(s) appearing for the Case

Robert M. Mason, Mason & Petruzzi, of Dallas, Texas, argued for plaintiff-cross appellant. With him on the brief was Robert M. Mason.

Jerry R. Selinger, Jenkens & Gilchrist, of Dallas, Texas, argued for defendants-appellants. With him on the brief was Timothy G. Ackermann.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and BRYSON, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

In this design patent infringement case, the jury, answering interrogatories, found that the patent was valid and willfully infringed, and awarded damages of $813,550 for the infringement, but denied damages for breach of a non-disclosure agreement. The district court denied judgment as a matter of law for the defendants, refused to establish a constructive trust for the patentee's benefit, and awarded the patentee attorney fees.

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