E-Cigarette Seller Gets Patent Verdict Slashed at Federal Circuit

An e-cigarette device distributor has convinced the Federal Circuit to set aside an $863,000 jury award for infringing a vaporizer patent, in a decision highlighting the importance of marking and notice requirements under patent law.

Lubby Holdings LLC can’t recover pre-suit damages because it didn’t show that it marked its products as patented or notified Henry Chung of infringement before suing, the U.S. Court of Appeals for the Federal Circuit said in a precedential opinion. The ruling means Lubby will likely only recover a fraction of the jury’s $863,936 award.

The Federal Circuit said, however, that there was evidence ...