Saint-Gobain wins enhanced damages of $10.9 million and attorney fees against Xinyi

On March 31, 2010, Judge Sara Lioi of the United States District Court for the Northern District of Ohio doubled the damages Chinese windshield manufacturer Xinyi Automobile GlassCo. must pay Saint-Gobain Autover for its willful infringement of Saint-Gobain’s patents. Judge Lioi also ordered payment of attorney fees and costs for a total award of more than $24 million, according to an April 1 release.

Judge Lioi held that the “deliberate nature of Xinyi’s copying actions, with the obvious intent to undermine Saint Gobain’s position in the marketplace” warranted a 100 percent enhancement of the $10.9 million in damages awarded to Saint-Gobain by the jury in a November 2009 trial.

Judge Lioi also declared the case exceptional and, citing the fact that “counsel achieved ‘excellent results’ for Saint-Gobain”, ordered Xinyi to pay attorney fees and costs in the amount of $2.3 million, the release states.

The lawsuit was originally filed in November 2006, based on Xinyi's sales of certain aftermarket windshields. The patents-in-suit are U.S. Patent No. 5,095,669 and RE 37,395, relating to a windshield molding design and installation method that simplifies the windshield installation process. On Nov. 10, 2009, a jury unanimously awarded Saint-Gobainmore than$10.9 million in damages and found Xinyi’s infringement was willful, according to the release.