NEW YORK, May 7, 2008 – The United States District Court for the District of Delaware on May 6, 2008 issued a $5.7 million judgment in favor of Milbank client Fisher-Price in a long running patent dispute over portable "baby bouncers" used for infants.
Fisher-Price, a subsidiary of Mattel, Inc., filed the lawsuit against Safety 1st in 2001. In 2003, after a two-week trial conducted by Milbank lawyers, a Delaware jury found that Safety 1st had willfully infringed three Fisher-Price patents and assessed damages. Safety 1st appealed and won a reversal as to one patent in 2005. The judgment of infringement as to the two other patents was affirmed. The case was remanded back to the district court, where it was re-opened for a new trial on damages to account for subsequent infringing sales by Safety 1st. In December 2006, Milbank lawyers again achieved a favorable verdict from a second jury that Safety 1st's continued infringement was willful. The second jury awarded additional damages. In addition, during discovery, it came to light that Safety 1st had made infringing sales in violation of the district court's injunction entered after the first trial.
After considering for more than a year the parties' respective post-trial motions, and Fisher-Price's motion for contempt for violation of the injunction, the Court issued its decision aggregating the damages found by both juries and adding an award of pre-judgment interest. The Court also agreed with Fisher-Price that Safety 1st should be held in contempt, and has requested that Fisher-Price submit information regarding an appropriate award of attorneys fees relating to Safety 1st's contemptible conduct.
The Milbank trial team was led by Washington, DC-based partner William E. Wallace III, and included of counsel Jay Alexander and associate Donna Mulvihill.
Milbank, Tweed, Hadley & McCloy LLP is a preeminent global law firm that for more than 140 years has provided innovative legal solutions in many of the world’s largest, most complex, “first-ever” corporate transactions and litigation. Our transactional expertise includes capital markets, corporate finance and transactions, project finance, acquisition finance, and other major fields of law practice. Milbank litigation teams resolve disputes involving mergers and acquisitions, proxy battles, financings and securities offerings, intellectual property, white collar crime, and corporate restructurings, among others. Our clients range from prominent multinational financial, industrial and commercial enterprises to governments, institutions and individuals. The firm is headquartered in New York with offices in Beijing, Frankfurt, Hong Kong, London, Los Angeles, Munich, Singapore, Tokyo and Washington, DC.