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ARTICLE · 24 JULY 2018

Patentee Cannot Recover Post-Judgment Damages Via A Late Motion For Accounting

Order Denying Motion for Accounting to Determine Supplemental Damages, Kaneka Corporation v. JBS Hair, Inc., N.D. Tex. (June 13, 2018) (Judge David Godbey) ...

United StatesLitigation, Mediation & Arbitration

Order Denying Motion for Accounting to Determine Supplemental Damages, Kaneka Corporation v. JBS Hair, Inc., N.D. Tex. (June 13, 2018) (Judge David Godbey)

In a long running dispute between Kaneka Corporation and Uno & Company over flame retardant polyester fibers for artificial hair, the patent owner Kaneka won nearly $6 million in lost profits damages in June 2013, and received an accounting of damages through the entry of judgment in November 2013. In March of 2015, Kaneka also received a permanent injunction against Uno precluding the company and others from further infringement of the asserted patents.

In April 2016, the Federal Circuit affirmed Kaneka's judgment on appeal. The parties briefly litigated Kaneka's bill of costs, and the case then went dormant for 15 months. However, in November 2017, Kaneka obtained new evidence of infringement by Uno. Instead of filing a new infringement suit, Kaneka understandably tried what might have seemed like an

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