OREM, UTAH (June 18, 2010) – On June 17, 2010, a Federal jury found that Ohio-based Vita-Mix Corporation willfully infringed Blendtec’s patents on its five sided blending jar, and awarded Blendtec $11,008,308 in damages. The award is the largest award in a patent infringement case in several years in the state of Utah.
Four years ago, Blendtec, represented by Brett Foster of Holland & Hart, filed suit against Vita-Mix for selling copies of its revolutionary blending jar, invented by Blendtec’s CEO and Will It Blend? internet celebrity, Tom Dickson. After eight successful re-examinations by the U.S. Patent Office and countless legal maneuvers by Vita-Mix attorneys, Vita-Mix was found to be a willful infringer.
Following the verdict, Dickson stated, “I am grateful to the members of the jury for their thoughtful efforts that will benefit not only our employees, but will also send a message to all those who think it’s okay to steal others’ ideas and inventions in an effort to make money for themselves.”
Foster, who led Holland & Hart’s team of attorneys commented, “We went in knowing that we would be fighting an 80- year-old-company, the Goliath of the blending world. But our job is to protect innovation and thwart imitation when it infringes upon our clients’ proprietary designs. We are very pleased with the jury’s verdict. Justice was served.”
Foster says that Blendtec will immediately seek a “permanent injunction to stop any further willful infringement by Vita-Mix” and will ask for “enhanced” or punitive damages and attorneys’ fees “as a result of the jury’s finding of willful infringement, which is rarely found in patent cases.” U.S. Chief Judge Tena Campbell now has the discretion of enhancing the damages the jury awarded up to $33 million plus attorneys’ fees, which could make this Utah’s largest patent infringement award ever.
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About Blendtec
Blendtec, a division of K-TEC, produces innovative, high performing , durable blenders for commercial and home use that have changed the way the world blends. Blendtec blenders, dispensers, and mixers are used by some of the best restaurants, juice bars, ice-cream parlors and gyms all over the world. The goal of Blendtec is to provide the world with premier food processing solutions through excellence in quality, customer satisfaction, and innovation.