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By Howard J. Shire and Joseph Mercadante
September 27, 2012

Federal Circuit Affirms Blender Verdict

On Sept. 6, 2012, the Federal Circuit panel of Judges Pauline Newman, Alan D. Lourie and Sharon Prost affirmed a Utah district judge's ruling upholding a jury's finding that two patents directed to blender technology were valid and were willfully infringed. In K-Tec, Inc. v. Vita-Mix Corporation, No. 2011-1244, K-Tec asserted two patents against Vita-Mix directed to five-sided blender containers, which are designed to create a vortex of liquid during blending. Slip Op. at 5. A jury awarded K-Tec $11 million in reasonable royalties and lost profits damages.

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