https://www.law.com/2022/12/19/avery-wins-but-still-faces-stiff-sanctions-over-discovery-violations/
Chief Judge Kimberly Moore of the U.S. Court of Appeals for the Federal Circuit. Photo: Diego M. Radzinschi/ALMNEWS
Avery Dennison will get to challenge the validity of an RFID patent before a jury. But even if it wins, it’s still facing possibly millions in sanctions for ‘continuous disregard’ of its discovery obligations.
December 19, 2022 at 09:58 AM
4 minute read
What You Need to Know
- Avery Dennison will get to argue to jurors that ‘RFID for Dummies’ anticipates the asserted patent.
- The appellate court endorsed the imposition of sanctions, but not the $20 million amount.
- The court added that sanctions are appropriate regardless of who wins the retrial.
Avery Dennison Corp. has won a new trial in a patent infringement suit over RFID technology. But it’s still facing a stiff sanction for discovery abuses no matter how the new trial plays out.
The U.S. Court of Appeals for the Federal Circuit on Friday threw out a $62 million judgment that included a $20 million sanction against the Ohio-based packing and labeling company.
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