Holland & Hart LLP announced today that the Federal Circuit Court of Appeals has upheld a $24 million judgment issued in 2011 by the U.S. District Court of Utah in favor of K-Tec Inc., commonly known as Blendtec®.
In 2010, a jury found that Vita-Mix Corporation willfully infringed upon two patents relating to the unique design of Blendtec’s commercial blender jars, which alters the flow of liquid during blending to greatly increase blending efficiency. The jury awarded Blendtec approximately $11 million in royalty and lost profits damages, and the District Court added enhanced damages and prejudgment interest in 2011, for a final judgment of approximately $24 million – the largest patent judgment in Utah history.
Intellectual property attorney Brett Foster led the trial team consisting of Mark Miller and Tim Getzoff. In total, a team of more than 10 Holland & Hart attorneys, paralegals and staff supported the case over a four-year period.
“We could not be more thrilled with the result,” said Blendtec founder and CEO Tom Dickson. “Brett and the entire Holland & Hart team dedicated themselves to preserving one of Blendtec’s most treasured assets – our proprietary innovations.”
Vita-Mix Corporation had also sought to question the validity of the patents before the U.S. Patent & Trademark Office. Holland & Hart’s team, led by Grant Foster, defended the patents before the Board of Patent Appeals and the Federal Circuit, both of which confirmed the validity of the patents.