January 11, 2023

On January 9, Willkie secured enhanced damages for food processing equipment manufacturer Provisur Technologies Inc. after winning a willful patent infringement jury verdict against Weber Maschinenbau GMBH and Weber, Inc.

The U.S. District Court for the Western District of Missouri ruled in Provisur’s favor on all of the post-trial briefing, awarding enhanced damages. The Court also granted Provisur’s request for post-judgment interest, which will be calculated and awarded on the final award amount. The Court further granted an ongoing 12% royalty on the Defendants’ sales of infringing products that occur post-judgment until the expiration of the patents.

In addition, the Court denied Defendants’ Motion for a New Trial and Motion for Judgment as a Matter of Law, fully supporting Provisur’s arguments in opposition to the motions.

The enhanced damages award underscores Willkie’s success in protecting Provisur’s patents. On October 28, a federal jury determined that Weber willfully infringed Provisur patents covering food processing equipment technology.

Based in Mokena, IL, Provisur is a leading global provider of high-performance food processing equipment. The company is routinely lauded for its innovation and was most recently listed in Crain’s Chicago Business as being among the Top Ten Most Innovative Companies in 2022.

The Willkie trial team was led by partner Craig C. Martin and included partners Sara Tonnies Horton, Michael Babbitt, Matt Basil and Heather Schneider, as well as associates Ren-How Harn, Patrick Conlon, Henry Thomas, Samuel Gamer, Mitchell Feldhake, Lillian Gaines, Adriana Morton and Jason Zaccaro.

Read more about the jury verdict here.