An August Law Technology News article, Federal Circuit Affirms $500K Sanction for Litigation Misconduct, discussed the Eon-Net decision in which misconduct, such as destroying patent prosecution files, resulted in an attorneys fee award. A recent decision from the U.S. District Court for the Eastern District of New York, Metso Minerals, Inc. v. Powerscreen International Dist., Ltd, No. 06–cv–1446 (ED NY Dec. 8, 2011), addresses another unique patent law remedy for patent prosecution file destruction which could significantly limit patent infringement damages.
In Metso the defendant had been selling allegedly infringing products since early March 2000. In March 2002 the parties entered into pre-litigation settlement/licensing negotiations, which continued until March 2005. These negotiations ultimately broke down and the patentee filed its infringement suit in March 2006.
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