Liquid Dynamics v. Vaughan (Fed. Cir. 2006)
In a detailed decision involving technology for pumping sewage, the CAFC affirmed a finding of infringement and willfulness.
An interesting aspect of the case involved the evidence of willful infringement.
- The CAFC agreed that Vaughan’s use of a former LD employee was persuasive evidence in proving copying.
- Vaughan’s noninfringement opinion was properly discounted because the attorney was not given all the important evidence.
The case also gave a further analysis of Daubert principles in patent cases.