Parker Hannifin Corporation (Parker), accused Champion Laboratories of infringing on its automotive products.
Our firm led the litigation team on behalf of Parker in which Champion conceded infringement. Both parties then agreed to litigate the damages in a bench trial, in which a key aspect of the litigation related to whether there were acceptable, available, non-infringing alternatives to Champion’s infringing products.
Judge Gaughan ruled in Parker’s favor on all issues, resulting in a nearly $1 million award, which included all of Parker’s lost profits as well as a reasonable royalty on Champion’s sales made during the Provisional Rights period.
Parker v. Champion is one of the few reported cases in which a plaintiff successfully obtained a royalty for activity during the Provisional Rights period. Parker Hannifin Corporation et al. v. Champion Laboratories, Inc., Civ. No. 06-2616-PAG (N.D. Ohio).
