ERROR TO REDUCE DAMAGE AWARD WITHOUT OFFERING PLAINTIFF NEW TRIAL

Minks v. Polaris Industries, Inc., [2007-1490, -1491] (October 17, 2008) [GAJARSA, Newman, Plager] The Federal Circuit held that Minks was entitled to a new trial on damages for infringement of his U.S. Patent No. 4,664,080, because the district court reduced the jury’s damages award from $1,294,620.91 to $55,809.60 (after doubling) without offering Minks a new trial, and because the jury instruction on the issue of actual notice to defendant was erroneous.
DISCUSSION: The Federal Circuit found that the district court’s reduction of the damage award was not premised on “legal error,” and thus it was an error not to offer Minks a new trial.