Charleston company awarded $35M in patent infringement case

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South Carolina company GeigTech East Bay, a maker of window shades, has been awarded $34.6 million in damages by a New York Federal jury in a case against Lutron Electronics Co. for infringing upon a window shade patent obtained by Greenville patent attorney Douglas Kim for GeigTech East Bay, according to a news release.

The case involved GeigTech’s U.S. patent No. 10,294,717, for a “shade bracket with concealed wiring,” which was obtained by registered patent attorney Douglas Kim of Kim, Lahey & Killough law firm and granted on May 21, 2019, the release stated.

With patent in hand, Geigtech East Bay filed a federal patent infringement complaint (with trade dress allegations) against Lutron Electronics Co. Inc. alleging that, among other things, patent infringement and trade dress infringement. One of the tactics used by Lutron was to try to invalidate the patent, the release stated. However, the patent written by Kim withstood two challenges in the United States Patent Trial and Appeal Board as well as in the jury trial. Last month, the jury returned a verdict stating that Lutron had infringed on GeigTech’s patent on window shade brackets and awarded $34.6 in damages.

According to the jury verdict form, when asked “Has GeigTech shown by a preponderance of evidence that any portion of the accused statement is true?” the form is marked “Yes” with a notation that “Lutron opted to poach (GeigTech’s) patented designs and intellectual property to try and remain competitive in a segment of the market that (GeigTech) cornered,” the release stated.

As the finding of infringement was willful, GeigTech can ask the judge to triple the damages.

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“This verdict underscores the importance of protecting intellectual property rights for businesses of all sizes,” Kim said in the release. “We are thrilled that this patent has withstood numerous challenges, scrutiny and legal maneuvers and that our client has emerged victorious.”

The case was tried by Gary Sorden and his trial team in the firm Cole Schotz P.C.

Lutron was represented by Scott W. Breedlove Carter Arnett PLLC and his defense team.

The patent was originally filed by Richard J. McKenna of Foley & Lardner LLP and taken over by Douglas Kim of the Kim Lahey & Killough Law Firm.

Founded in Charleston, in 2011, James Geiger designed a revolutionary shading system: a window shade system with no visible wires or screws, the release stated. His business, J Geiger, provides shading systems to high end home and commercial properties.

Kim, Lahey & Killough founding attorney Doug Kim began his professional career as a computer programmer and software engineer after his graduation from Davidson College. His intellectual property career began in 1998 when he combined his business experience with his legal education and was involved with enforcing a client’s patent against multiple infringers.

With offices in Greenville and Charleston, the Kim, Lahey & Killough Law Firm establishes, enforces and leverages its intellectual property rights from the Upstate, to the Lowcountry to across the globe, the release stated.