LoggerHead Tools, LLC v. Sears Holding Corp., No. 12 C 9033, Slip Op. (N.D. Ill. Nov. 15, 2016) (Darrah, J.).
Judge Darrah denied plaintiff LoggerHead’s motion to reconsider the Court’s entry of summary judgment of no willfulness in this patent case involving the bionic wrench.
Of particular note, the Court ruled as follows:
- While the Court noted that it had applied the wrong legal standard, not using the preponderance of the evidence standard required in Halo, that was irrelevant because LoggerHead had not presented any facts showing defendant Sears’ conduct was “willful, wanton, malicious, bad-faith, deliberate, consciously wrongful, flagrant, or – indeed – characteristic of a pirate.” (quoting Halo Elecs., 136 S.Ct. 1923, 1934 (2016)).
- The Court did not give undue weight to defendants’ consultations with patent counsel.
- This issue did not have to be decided by a jury. While a jury could have decided it had there been a trial, there was no need for a jury because plaintiff presented no facts showing subjective willfulness.