Fish & Richardsonwon a $31.2 million jury verdict in Delaware federal court for Swiss clients Wasica Finance GmbH and BlueArc Finance AG in their long-running patent battle against Schrader International Inc. and three other Schrader companies. On February 14, 2020, a jury found that Schrader contributed to and induced infringement of Wasica’s and BlueArc’s ’524 patent, which covers technology related to tire pressure monitoring systems, and awarded $31.2 million in royalty damages.
The case is the latest chapter of an international patent dispute that started nearly 20 years ago between the parties. Wasica and BlueArc sued Schrader in the U.S. in 2013 after years of alleged infringement. Schrader supplies the sensors installed in the wheels of a tire pressure monitoring system that transmit information wirelessly to a receiver in the vehicle. While many companies had licensed the technology, Schrader sold about 164 million sensors that used the technology without paying royalties.
“We are thrilled that the jury recognized our clients’ contributions to the industry. Schrader’s infringement helped them quickly become the market leader and sell over $1 billion in infringing sensors,” said William Woodford, the Fish principal who led the litigation.
In 2000, Congress passed the TREAD Act, which requires that all vehicles sold in the U.S. include tire pressure monitoring systems to warn drivers about underinflated tires. These systems are valuable because low tire pressure is one of the leading causes of tire failure. It also increases stopping distances and reduces traction, fuel economy and the lifespan of the tire.
“This has been a long, hard-fought case that spanned the district court, the PTAB and the Federal Circuit. Through the ups and downs, our clients maintained confidence in the case and our ability to deliver an excellent result. The verdict shows that small, innovative companies can stand up to the market leader when they feel their patented technology has been taken,” added Woodford.
In addition to Woodford, the Fish trial team included principals Susan Morrison and Jason Zucchi, with support from Frank Scherkenbach and James Huguenin-Love. The case is Wasica Finance GmbH and BlueArc Finance AG v. Schrader International Inc. et al. (U.S. District Court for the District of Delaware).
AboutWasica and BlueArc
In the early 1990s, two Swiss inventors developed the patented technology as part of a years-long collaboration with Uwatec, a worldwide leader in safety devices for divers. The technology was an offshoot of their previous work on dive computers, which measured the air pressure in dive tanks and transmitted that information wirelessly to a computer worn on the diver’s wrist. The inventors filed a patent in 1992 and the U.S. patent issued in 1997. When Uwatec was eventually sold, the owners kept the rights to the tire pressure monitoring technology and formed Wasica and BlueArc to hold the patent rights.
About Fish & Richardson P.C.
Fish & Richardson, a premier global intellectual property law firm, is sought after and trusted by the world’s most innovative brands and influential technology leaders. Fish offers patent prosecution, litigation, trademark, and copyright counseling and advocacy for a broad range of client needs. Our deep bench of attorneys with first-chair trial experience in every technology makes us the go-to firm for the most technically complex cases. We have an established reputation as a top-tier firm for patent portfolio planning, strategy and prosecution, as well as post-grant proceedings at the PTAB. Fish was established in 1878, and now has more than 400 attorneys and technology specialists in the U.S., Europe, and China. Our success is rooted in our creative and inclusive culture, which values the diversity of people, experiences, and perspectives. For more information, visit fr.com or follow us at @FishRichardson.
