Jury Awards $12.8 Million to WOW Tech in IP Dispute
A four-year legal battle over sexual stimulation device technology for women has led to a federal-court jury verdict of $12.8 million for a group of businesses collectively known as WOW Tech, its lawyers at Osha Bergman Watanabe & Burton LLP (OBWB) said today.
In a five-day trial in the United States District Court for the District of Delaware, the WOW Tech group, a subset of companies within the Lovehoney Group – IntiHealth Ger GmbH, WOW Tech Canada, Ltd., WOW Tech USA, Ltd., and Novoluto GmbH – defeated antitrust and unfair competition claims brought by EIS, Inc., and prevailed with counterclaims of patent infringement and willful infringement.
The jury returned the verdict after about three hours of deliberations, finding EIS had not proven its allegations of Lanham Act violations, tortious interference, unfair competition, inequitable conduct, deceptive trade practices, Walker Process fraud, and Sherman Act claims. The jury also confirmed the validity of all five of the WOW Tech group’s patents and entered findings of willful patent infringement against EIS, Inc, EIS GmbH, Triple A Marketing GmbH, and Triple A Import GmbH.
The WOW Tech group is represented by lead counsel Tammy Terry, and OBWB attorneys Lisa Margonis, Califf T. Cooper, and Gopal Rao Gannamraj. The trial team also included OBWB paralegals Jason Tucker and Colin Gould, and local counsel, Greg Stuhlman, of Chipman Brown Cicero and Cole, of Wilmington, Del.
Osha Bergman Watanabe & Burton LLP Partner Tammy Terry said, “We’re grateful for the jury’s decisive ruling in favor of the WOW Tech group. This is a huge victory for our clients after a four-year fight. Our legal team appreciated the opportunity to help our clients prevail in protecting their intellectual property rights.”
WOW Tech also prevailed in three earlier inter partes review (IPR) proceedings initiated by EIS GmbH in the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board – all of which were affirmed by the United States Court of Appeals for the Federal Circuit in March 2023.
The case is “EIS, Inc., v. IntiHealth Ger GmbH, et al.,” Case No. 1:19-cv-01227, in the U.S. District Court of Delaware.
About Osha Bergman Watanabe & Burton LLP
Osha Bergman Watanabe & Burton LLP (OBWB) is a full-service intellectual property law firm with a global reach. Our expertise in intellectual property law and IP-intensive industries coupled with our client-focused culture enables us to deliver a premium level of quality, value, and service. At our strategically located offices in the United States, France, Dubai, Japan, and China, we offer clients assistance with patents, copyrights, trademarks, trade secrets, and unfair competition. At OBWB we strategize, prepare and file, negotiate, license, enforce and defend, and facilitate monetizing intellectual property assets. OBWB was ranked a “Best Law Firm” in patent law and litigation-patent by U.S. News – Best Lawyers® for 2023. For more information, please visit www.obwbip.com.
Contact: Erin Powers, Powers MediaWorks LLC, for Osha Bergman Watanabe & Burton LLP, 281.703.6000.
