Minks v. Polaris Industries

This is a patent infringement case. Floyd M. Minks (“Minks”) appeals from a final judgment that Polaris Industries (“Polaris”) willfully infringed claim 2 of U.S. Patent No. 4,664,080 (“the ’080 patent”).1 After a jury trial, the district court reduced the jury’s damages award from $1,294,620.91 to $55,809.60 (after doubling) and awarded attorney fees of $117,316.50, about half the requested amount. Minks appeals the reduction in damages, as well as the amount of attorney fees awarded. He also asserts on appeal that the jury instruction as to the date Polaris received actual notice of the alleged infringement was erroneous. Polaris cross-appeals from the district court’s denial of its motion for judgment as a matter of law (“JMOL”) on noninfringement and from the jury’s finding of willfulness. Because the district court reduced the jury’s compensatory damages award without offering Minks a new trial, and because the court’s instruction on actual notice failed to apprise the jury of the proper legal standard, he is entitled to a new trial on damages. Conversely, we affirm the award of attorney fees, but we note that the trial judge may exercise his discretion to modify the award if it warrants further consideration on remand. Additionally, because the jury’s finding of infringement is supported by substantial evidence, we affirm the district court’s denial of Polaris’ JMOL motion. We also affirm the jury’s finding of willful infringement because Polaris has failed to establish plain error in the willfulness instruction to the jury.

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