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Case of the Month June 2023

Federal Jury Awards $10.1M in Patent Infringement Suit Involving Car Wash Equipment

Wash World Inc. v. Belanger Inc.

Case Type:
Intellectual Property - Patent

Specific Liability:
Car wash equipment manufacturer denied it infringed upon patent for a vehicle spray washer; patent holder asserted counterclaim for direct patent

General Injury:
Monetary Damages

Jurisdiction:
State: Wisconsin
United States District Court, E.D. Wisconsin.

Related Court Documents:
Plainitff's complaint: 2019 WL 13061804
Defendant's answer and counterclaim: 2020 WL 13611544
Special verdict form: 2022 WL 18358564
Judgment in a civil case 2022 WL 18358567

Case Name:
Wash World Inc. v. Belanger Inc.

Docket/File Number:
1:19CV01562

Result Amount:
Defendant/counter-plaintiff Belanger Inc., $10,060,000

Result Date:
August 04, 2022

Judge:
William C. Griesbach

Attorneys:
Plaintiff: Sherry D. Coley, Davis & Kuelthau SC, Green Bay, WI; Tiffany E. Woelfel, Davis & Kuelthau SC, Green Bay, WI; Joseph S. Heino, Davis & Kuelthau SC, Milwaukee, WI; Erin E. Kaprelian, Davis & Kuelthau SC, Milwaukee, WI
Defendant/counter-plaintiff (Belanger Inc.): Christopher R. Dillon, Fish & Richardson PC, Boston, MA; Whitney A. Reichel, Fish & Richardson PC, Boston, MA

Result Type:
Jury Trial

Experts:
Plaintiff: James Rice, Ph.D., Mechanical Engineer, Keswick, VA; Jeffrey Cordray, Economist and Intellectual Property Damages, Madison, WI
Defendant/counter-plaintiff: Charles Reinholtz, Ph.D., Mechanical Engineer, Ormond Beach, FL
Defendant/counter-plaintiff: DeForest McDuff, Ph.D., Economic Consultant, Insight Economics, Raleigh-Durham, NC

Breakdown of Award:
$9,800,000 to defendant/counter-plaintiff Belanger Inc. for lost profits
$260,000 to defendant/counter-plaintiff Belanger Inc for reasonable royalty damages

Summary of Facts:
Plaintiff Wash World Inc., a Wisconsin corporation that specialized in manufacturing touch free and soft touch car wash equipment, launched its RAZOR Edge touch free car wash system, which reportedly used spray-type devices to wash automobiles with extended arms and/or lighting systems that assisted in finding particular areas on vehicles to wash.

The plaintiff contended after launching its RAZOR Edge car wash system, it received a cease and desist notice from defendant Belanger Inc., a Delaware corporation that reportedly specialized in tunnel, soft-touch and touch-free automatic car wash systems. The defendant asserted the plaintiff's RAZOR Edge car wash system infringed upon its patent, entitled Vehicle Spray Washer with Lighted Spray Arm, protected by U.S. Patent Number 8,602,041 (referred to as the 041 patent).

In its complaint, the plaintiff requested the court grant it declaratory relief, finding that it did not infringe upon any valid or enforceable claim of the 041 patent. The plaintiff also requested the court find that the 041 patent was invalid and unenforceable and order that the defendant was estopped from asserting patent infringement claims against it.

The defendant denied that the 041 patent was not infringed and denied the patent was invalid or unenforceable. Rather, the defendant asserted a counterclaim against the plaintiff, arguing the plaintiff directly infringed upon various claims of the 041 patent by manufacturing and/selling the RAZOR Edge wash system, which reportedly had, among other things, a spray-type washer for vehicles, a rail system that extended longitudinally over a wash area, a lighting system carried by an arm that extended its vertical length and a control system that placed the arm in particular wash areas and activated its lighting system.

The defendant claimed the plaintiff used technology protected by the 041 patent when designing and manufacturing features of its RAZOR Edge car wash system. In addition to arguing direct infringement, the defendant asserted the plaintiff induced infringement of the 041 by providing customers and/or third parties with marketing materials and/or products to promote use. The defendant also asserted the plaintiff's alleged patent infringement was willful.

For damages, the defendant sought compensatory damages, a reasonable royalty and a request for an accounting, as well as enhanced damages and injunctive relief, together with attorney fees and costs.

A jury determined the plaintiff infringed upon claims 7, 11, 12, 13 and 14 of the 041 patent and that its infringement was willful. Jurors awarded the defendant $9,800,000 in lost profits and $260,000 for reasonable royalty damages.

United States District Court, E.D. Wisconsin.

Westlaw Citation:
2022 WL 19736947