J. Derek Vandenburgh | Joseph W. Winkels 

Carlson Caspers successfully prevailed in Nebraska federal court when a jury awarded its client, lawnmower maker Exmark Manufacturing Company, Inc. (a subsidiary of The Toro Company), $14.38 million in damages after a six-day trial in December of 2018.

Carlson Caspers also successfully prevailed in obtaining an affirmance of a prior determination that the infringement was willful, resulting in the Court awarding an additional $14.38 million in enhanced damages to Exmark.

The judgment required Wisconsin-based Briggs & Stratton Corporation to pay Exmark $28.76 million in damages, plus an additional $5.96 million in interest for patent infringement on a patent issued in 1999, which covers a lawnmower with flow control baffles. The $34.72 million judgment was affirmed by the Federal Circuit on appeal, ending the 10+ year dispute.

*The case is Exmark Manufacturing Company Inc. v. Briggs & Stratton Corporation, case number 8:10-cv-00187, in the U.S. District Court for the District of Nebraska. The patent-in-suit is U.S. Patent No. 5,987,863.